Civil Procedure Code, 1908, Order 3, Rule 1, 2 -- Agreement to sell - Suit for specific performance - Execution of contract denied by opposite party - Power of attorney holder cannot depose in place of his principal...........
Civil Procedure Code, 1908, Section 20, Order 7, Rule 11, Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Cause of action - Jurisdiction - Cause of action must be revealed in the pleadings and the pleadings alone to be looked into to know whether cause of action or part of cause of action arose within the jurisdiction of a Court...........
Civil Procedure Code, 1908, Order 4, Rule 1(2) -- Plaint - To comply with rules contained in Order 6 and Order 7 - Unless such compliance is satisfied, plaint shall not be deemed to be duly instituted...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 1, Rule 17 -- Plaint - Amendment seeking addition of a party - Plea of non joinder of necessary party in written statement - Amendment of plaint sought six years thereafter - Order allowing amendment set aside...........
Civil Procedure Code, 1908, Order 11, Rule 1, 11, 21 -- Interrogatories - Leave to deliver interrogatories does not amount compelling the other party to answer interrogatories - In absence of an order U.O.11.R.11 compelling the other party to answer interrogatories there can be no dismissal of suit or striking off defence - First leave of Court to deliver interrogatories..........
Civil Procedure Code, 1908, Order 1, Rule 8, 9, Civil Procedure Code, 1908, Order 22, Rule 1, 2, 11 -- Representative suit - Appeal against decree - Death of one of joint decree holders during pendency of appeal - Non impleading of his L.R's - Appeal does not abate...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Delay in filing - Written statement not filed within 30 days from the date of service of summons - Application filed on the 90th day from the date of service of summons seeking permission to file written statement - Defendant remained ill for more than one month - Sufficient reason for delay in filing..........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 1 -- Withdrawal of suit - Recall of order allowing withdrawal of suit - Liberty to file a fresh suit on the same cause of action, not granted as it was not prayed - Court is not divested of its power to recall its order - In absence of a specific provision in the Code in this respect Court can recall order allowing..........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 1 -- Suit withdrawn without leave to file fresh suit - Restoration of - Suit for specific performance of agreement to sell - Withdrawn - No leave prayed to file fresh suit on same cause of action - Application for recalling order of withdrawal of suit on ground of misrepresentation by defendant - High Court in..........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 1 -- Recalling of order permitting withdrawal of suit - No specific provision under Code of Civil Procedure for filing such application - Inherent powers u/s 151 can be exercised in the interest of justice...........
