Civil Procedure Code, 1908, Order 23, Rule 1 -- Filing of second suit before filing application of withdrawal of first suit - O.23.R.1 CPC is not applicable...........
Civil Procedure Code, 1908, Order 1, Rule 8, 10 -- Addition of a party - Representative suit - Addition of a party by executing Court - Village pathway subject matter of suit - Suit filed on the premise that it is the personal property of the plaintiff - Those who use the pathway or at least have lands adjacent thereto should ordinarily be impleaded as parties - Suit was..........
Civil Procedure Code, 1908, Order 18, Rule 4, Civil Procedure Code, 1908, Order 16, Rule 1, 1-A -- Examination-in-chief of a witness on affidavit - Provision of O.18.R.4(1) CPC applies only when a party examines a witness without issuance of summons as contemplated U.O.16.R.1-A and not of a witness who is summoned U.O.16.R.1 CPC...........
Civil Procedure Code, 1908, Order 16, Rule 1 -- Summoning of opponent party as its own witness - There is no bar - However such an act being unusual it should only be permitted if the application for summoning the opposite party is bona fide and is not vexatious or an abuse of the process of the Court and that it is necessary to summon that witness...........
Civil Procedure Code, 1908, Order 16, Rule 1 -- Summoning of witnesses - An application is to be filed stating the purpose for which the witness is proposed to be summoned - While allowing application to summon witnesses Court has to apply its mind and exercise discretion in a judicial manner...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Filing of after prescribed time - Written statement can be taken on record in exceptional circumstances - Reasons assigned beyond control and exceptional i.e. sickness and travelling miles together to earn wages - Application to file written statement after the expiry of 90 days allowed...........
Insurance claim, Section 2(1)(g), Indian Carriage of Goods by Sea Act, 1925, Article 1(b)(e), Civil Procedure Code, 1980, Section 82 , 83 -- Repudiation - Boat sinking - Concealment of fact - Instead of paying the premium for monsoon period on the existing policy obtained from United Insurance Company, the appellant decided to obtain another policy without revealing the..........
Civil Procedure Code, 1908, Section 96, Order 41, Rule 1(3) -- Appeal - Deposit of decretal/some given amount - In absence of an application for stay of execution of decree, appellate Court has no power to order deposit of money - Deposit of money has no connection with the merits of case, which alone is the basis for admitting or not admitting an appeal...........
Civil Procedure Code, 1908, Order 20, Rule 1 -- Judgment - Pronouncement - Disposing of suit immediately after framing issues without recording evidence - Illegal...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Purchase of property during continuance of prohibitory orders - Confers no right, title or interest in the transferee...........
