Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within time - It is for defendants to explain as to why written statement is not filed within time - Court is not entitled to accept the written statement beyond 90 days without giving any sufficient explanation and without recording its findings as to why such a written statement is required to..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within time - Extension of time - Simply because application was filed and plaintiff did not object to it, cannot be a ground for extending period...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of intervenor - Probate proceedings - Petitioners/intervenors are step sons of testatrix - Testatrix died during lifetime of her husband - In case probate is not granted to the sons of testatrix, property devolves upon her sons, daughters and her husband - If the property devolves upon husband, naturally..........
Hindu Marriage Act, 1955, Section 13(1)(ia), Civil Procedure Code, 1908, Order 1, Rule 10 -- Divorce petition filed by husband on the ground of cruelty - Plea of illicit relationship of husband - Wife seeking impleadment of adulterer - When decree of divorce is not sought against wife on the ground of adultery, then adulterer is not a necessary party - Application for..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Review petition cannot be permitted to be filed to reargue and reagitate the matter...........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary party - Suit for declaration of title and recovery of possession - Plaintiff is absolute owner of suit premises and has got title and defendant's possession thereof is merely permissive out of grace and sympathy and she has no right, title and interest - Plaintiff has brought the suit against defendant..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Extension of time to file written statement - CPC nowhere provides that on filing a Miscellaneous application, time to file written statement would be extended or excluded...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 4 -- Ex parte interim injunction - Appeal - Defendant has a remedy to move application for setting aside ex parte order U.O.39.R.4 CPC - Appeal on behalf of defendant is not maintainable, hence, dismissed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Commercial Courts Act, 2015, Section 12A -- Ex parte interim injunction - Pre-institution meditation - Defendant is interfering in operation of petrol pump in question - There was thus an urgent need of interim relief - Provision of S.12-A of Commercial Courts Act not attracted...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of third party - If for adjudication of real controversy between parties on record, presence of a third party is necessary then he can be impleaded...........
