Civil Procedure Code, 1908, Order 23, Rule 1A, 3 -- Transposition of a party as plaintiffs - Plaintiff neither withdrawing nor abandoning suit - He is seeking recording of compromise in terms of compromise arrived at between him and defendants - Application for transposition is thus, not maintainable...........
Civil Procedure Code, 1908, Order 23, Rule 1A -- Transposition of a party as plaintiffs - Where party seeking transposition have no claim in the suit and no right can said to have sprang up in his favour after withdrawal/abandonment of suit by plaintiff, party cannot be entitled to seek transposition...........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 3 -- Compromise - Suit for specific performance - Two suits - Compromise arrived at between parties, which is lawful - Consent decree for specific performance thus, need to be passed in one suit where plaintiff seeking recording of compromise - Suit decreed - Other suit in which plaintiff seeking..........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Issue of limitation is a mixed question of law and fact, which cannot be decided as preliminary issue...........
Civil Procedure Code, 1908, Order 6, Rule 15(4) -- Affidavit in support of pleadings - Provision to file affidavit in support of pleadings is mandatory - However, non filing of affidavit in support of pleadings may not be fatal in every case...........
Civil Procedure Code, 1908, Order 6, Rule 15(4) -- Affidavit in support of pleadings - Affidavit so filed is not part of pleadings but is an independent document to be filed in support of pleadings...........
Civil Procedure Code, 1908, Order 6, Rule 1, 15(4) -- Affidavit in support of pleadings - Duly verified written statement without accompanying an affidavit, as required U.O.6.R.15(4) does not mean that it is incomplete...........
Civil Procedure Code, 1908, Order 8, Rule 9, Civil Procedure Code, 1908, Order 6, Rule 15(4) -- Replication - Affidavit in support of replication is required to be filed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Manifestly vexatious and meritless proceedings cannot be carried on in the suit - Plaint rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Vexatious and meritless allegations with regard to cause of action as well as to get the suit within limitation - Conduct of trial would be a futile exercise - Plaint rejected...........
