Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a person having agreement to sell in his favour - Proposed vendee does not get any right in law or even in equity with regard to property covered under the agreement and has only right to get another deed executed - Proposed vendee is neither necessary nor proper party to the suit - Order allowing impleadment..........
Civil Procedure Code, 1908, Order 21, Rule 15 -- Execution - Joint decree holders - Any one of several joint decree-holders may apply for execution of whole decree for benefit of all decree holders including survivors and legal representatives of a deceased decree holder, unless decree itself contains any provisions to the contrary...........
Civil Procedure Code, 1908, Order 21, Rule 15 -- Execution - Joint decree holders - Decree for possession - DHs are heirs of original plaintiff, their inter se rights regarding property are not to be considered and decided in execution petition - It is only decree for possession has to be executed whether at the behest of one of decree holder or by all decree holders,..........
Civil Procedure Code, 1908, Order 21, Rule 15, 17 -- Execution - Joint decree holders - It is not absolutely incumbent on executing DH to state in so many words in execution petition itself that decree is being executed for benefit of all decree holders - If it appears to Court that decree is, as a matter of fact, being executed for benefit of all DHs, it will allow..........
Civil Procedure Code, 1908, Order 21, Rule 15 -- Execution - Joint decree holders - Law as to: (i) Provisions of O.21.R.15 CPC apply to all cases where a decree has been passed in favour of more persons than one as joint decree holders; (ii) If decree itself indicates that, though a number of persons figure as decree holders, their interests are clearly defined as to..........
Double jeopardy -- Respondents after initiating an action on their own in a different country and having concealed the dismissal of criminal complaint and appeal thereafter, along with dismissal of civil suit filed by them, cannot file subject complaint in India, that too through a Power of Attorney holder - Continuing criminal proceedings against appellants would be an..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Counter claim though can be based on different cause of action than that are put forth in suit, it should be one incidental or connected with that cause of action...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Counter claim has necessarily to be directed against plaintiff and cannot be directed against co-defendant...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit or abandonment of part of claim - Plaintiff has an unfettered/absolute right to withdraw/abandon part of their claim in plaint U.O.23.R.1 CPC without seeking any leave to file a fresh suit...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Partial abandonment of claim allowed without granting any leave to file a fresh suit - Merely because an issue of Court fees was framed that in itself would not be considered as a legal impediment in allowing said application - Application rightly allowed...........
