Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit whether barred by S.4 of Benami Transactions (Prohibition) Act, 1988, cannot be decided at the stage of deciding application U.O.7.R.11 CPC - Application for rejection of plaint rightly dismissed...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration and permanent injunction - Dispute is between plaintiffs and official defendants wherein action of defendants is under challenge - Respondent in said dispute is neither a necessary nor a proper party - Order allowing impleadment of respondent as one of defendants set aside...........
Civil Procedure Code, 1908, Section 24 -- Transfer of application u/s 25 of Guardians and Wards Act - Wife sought transfer of application from Lucknow to Prayagraj - Distance between Prayagraj to Lucknow is about 200 and odd Kilometers - Wife is residing with her minor child and to protect interest of child from harassment of frequent travel, case transferred from Lucknow..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration that plaintiffs along with defendants are joint owners - First appellate Court correctly interpreted S.6 of Hindu Succession Act and thereafter applied, which resulted in reduction of share of plaintiffs - Findings recorded by First Appellate Court are in tune with law and there is no..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Transferee pendente lite - Defendants, who are family members of plaintiff not contesting the suit - Petitioner has purchased the property by registered sale deed on payment of sale consideration - Impleadment allowed...........
Civil Procedure Code, 1908, Section 10 -- Stay of execution petition - Both the execution petitions arise out of decree of different nature - Merely because subject matter of execution is common, provision of S.10 CPC are not attracted - Dismissal of application calls for no interference...........
Civil Procedure Code, 1908, Order 8, Rule 9, Civil Procedure Code, 1908, Order 6, Rule 1 -- Replication - Once Court permits filing of replication the same would be treated as part of pleadings...........
Civil Procedure Code, 1908, Order 26, Rule 9, 11 -- Report of Commissioner - Commissioner's reports are non-adjudicatory in nature and Courts adjudicate upon rights of parties - Commissioner's report is only an opinion with details and/or statement to the Court of the actual state of affairs...........
Civil Procedure Code, 1908, Order 26, Rule 11 -- Report of Commissioner - Report of Charted Accountant is not an award and is to be treated as a report of Commissioner appointed by Court U.O.26.R.11 CPC...........
Civil Procedure Code, 1908, Order 26, Rule 11, Arbitration Act, 1940, Section 21 -- Appointment of Commissioner/arbitrator - Application was filed by plaintiff for appointment of Commissioner/arbitrator to conduct an enquiry in respect of accounts by a competent Chartered Accountant - Said application cannot be read as an application moved on prior agreement or consensus..........
