Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading a party - Before a new party is impleaded notice must be issued to proposed party and not after Court comes to conclusion that proposed party is a necessary party - However, even if a party is impleaded without issuing any notice to it, an opportunity to file application U.O.1.R.10(2) is always available to such..........
Civil Procedure Code, 1908, Order 1, Rule 10, Constitution of India, 1950, Article 227 -- Impleading a party - Application rejected by trial Court - Writ petition filed U/Art. 227 of the Constitution - In the writ petition, a notice must be issued to the proposed party as in case writ petition is accepted and it is held that proposed party is a necessary party, opportunity..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - De facto complainant at the instance of whom crime was registered, can file an application for further investigation...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Order refusing to appoint local commissioner - Revision - Report of demarcation available on file and demarcation was done by Halqa Kanungo - Petitioner has options either to accept the demarcation or file objections to the report of local commissioner or to summon said Halqa Kanungo as a witness for his cross-examination -..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex-parte proceedings - Setting aside - Case fixed for appearance of other defendant and filing his written statement - Defendant proceeded ex parte is not even required to file any application U.O.9.R.7 CPC - Defendant proceeded ex parte can appear on next date of hearing and can file his written statement - Court below..........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Late production of documents - Evidence of parties was completed - Suit is coming up for arguments - Leave to a party to file documents before commencement of arguments cannot be granted particularly when there is no justifiable reason for accepting those documents - Application rejected...........
Civil Procedure Code, 1908, Order 7, Rule 14(3), Civil Procedure Code, 1908, Order 18, Rule 17 -- Late production of documents - Recall of a witness - Documents, which were sought to be filed now, were available with the plaintiff - However, no foundation was made in the plaint with regard to those documents - More so, plaintiff earlier availed the opportunity to file the..........
Criminal Procedure Code, 1973, Section 321 -- Withdrawal from prosecution - Withdrawal of application - Filing of application for seeking Withdrawal from prosecution and application not to press application earlier filed are both within the domain of Public Prosecutor - If Public Prosecutor intends to withdraw or not to press the application, he is entitled to do so -..........
Criminal Procedure Code, 1973, Section 321 -- Withdrawal of application u/s 321 Cr.P.C. - High Court directing Magistrate to consider application of APP seeking withdrawal of application u/s 321 Cr.P.C. - At the same time High Court also permitted accused to file an application u/s 91 Cr.P.C. - It is difficult to appreciate how S.91 Cr.P.C. can be taken aid of by accused -..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of eviction petition - Liberty to file afresh petition - Technical defects - No factual averments made in support of fact that there are some technical defects in pleadings which cannot be cured by any other mends including amendment application - In the absence of the same, application of withdrawal of eviction..........
