Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within time - Extension of time - No restriction in O.8.R.1 CPC that after expiry of 90 days, further time cannot be granted - Court is having wide power to extend period of filing written statement, however, order cannot be made in a routine manner...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within time - Reason given for not filing written statement in time is that lawyer was not well - However, no supporting documents have been brought before Court - More so, earlier applications filed to accept written statements were dismissed and court below rightly held that application is..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Subsequent suit can be stayed if the matter in issue is same or substantially same in both the suits...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Both the parties are litigating with regard to title and ownership of suit property against each other - Whole subject matter in both the proceedings is identical - If the first suit is decided, automatically claim of defendant in subsequent suit would become barred by res judicata - Subsequent suit,..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration that cheque and other documents are null and void - Trial Court based on FIR registered by plaintiff against defendant has straightaway taking version pleaded by plaintiff as conclusive proof decreed the suit without considering fact that FIR was registered based on statement given by plaintiff..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from interfering with peaceful possession of plaintiff over suit property - Relationship between parties was of a licensor and licensee agreement - Actual possession remained with defendants - Licensee agreement specifically prohibited any changes in nature of property and..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Status quo order - Violation - Once petitioner has approached Court of competent jurisdiction with regard to grievance raised by him and matter is pending, then even if there are allegations of violation of order of interim injunction, trial Court is fully empowered to consider and decide the same in light of provisions..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 35(3) -- Execution - Decree for specific performance - If defendant has raised any construction after passing of decree or created encumbrances, it is not beyond jurisdiction of Executing Court to issue direction to remove such obstacle and ensure delivery of possession free from all encumbrances...........
Civil Procedure Code, 1908, Order 30, Rule 10 -- Proprietorship firm - Proprietorship concern is not a juristic person - It cannot sue, but it can be sued in view of O.30.R.10 CPC...........
Civil Procedure Code, 1908, Order 30, Rule 10 -- Proprietorship firm - O.30.R.10 CPC does not in any manner debar a suit being filed against proprietor...........
