Civil Procedure Code, 1908, Order 23, Rule 1(3), Civil Procedure Code, 1908, Order 32, Rule 15 -- Non impleading of guardian for a person of unsound mind - Not a formal defect but is a curable one - Plaint cannot be allowed to be withdrawn with permission to file a fresh one on the same cause of action...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Trespasser - In settled possession can seek injunction to protect his possession till he is dispossessed in accordance with law - However, the defendant is not precluded from prosecuting the remedy available to it for dispossessing the trespasser in accordance with law...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Application by defendant for impeding some other party to suit - It is absolute choice of plaintiff to seek relief against a particular person or persons and his choice cannot be allowed to be curtailed at the behest of the defendant - Application rejected...........
Civil Procedure Code, 1908, Section 115, Order 1, Rule 10 -- Application by defendant to implead some other person as party to suit - Application rejected - Revision against - Defendant has no locus standi to file revision...........
Civil procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file a fresh suit on the same cause of action - It is imperative upon the court to come to a positive finding that the suit of the plaintiff suffers from such formal defects which would prove fatal - The object of the rule is not to enable the plaintiff after he has failed to conduct his..........
Civil Procedure Code, 1908, Order 22, Rule 1, 2, 4 -- Suit for permanent injunction simpliciter - Death of one out of several defendants - L.R's not brought on record - Suit does not abate...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Trade mark - Passing off - Normally, in an action for passing of, the relief of injunction is not to be granted at the interim stage because there is still to be a trial - In exceptional cases ;such an interim relief can be granted to the aggrieved party in case prima facie it is established on record that the two products..........
Civil Procedure Code, 1908, Section 92, Order 1, Rule 8(5) -- Suit in representative capacity - Unless the Court is satisfied that the plaintiffs are not proceeding with due diligence in the suit, other persons having same interest as the plaintiffs cannot be added as party plaintiffs in the suit...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleading of a party - Claim against proposed party already barred by limitation - Said person cannot be permitted to be impleaded...........
Civil Procedure Code, 1908, Order 37, Rule 3(5), Civil Procedure Code, 1908, Order 29, Rule 1 -- Company - Leave to defend - Application can only be filed authorised by Company - Application filed by a person who is neither Secretary, Director or Principal Officer nor authorised by the Company - Application is liable to be dismissed...........
