Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Failure or inability of plaintiff to secure necessary evidence to support his case is not a ground contemplated by O.23.R.1(3) CPC...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Suit for declaration of title - Ground taken by plaintiff for withdrawal of suit is not a formal defect - Application filed at the stage of final arguments only when plaintiffs were in apprehension of dismissal of suit - Though abandonment is permissible at any stage, however, words `at any stage' is..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While considering application U.O.7.R.11 CPC, Court has to examine averments in plaint - Pleas taken by defendants in its written statements are irrelevant...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-disclosure of cause of action - Suit seeking demolition of alleged illegal construction, restoration of possession and permanent injunction - Plaintiffs have taken a specific plea that they have suffered a loss of Rs.50,000 because defendant demolished the suit shop and have raised illegal..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of plaint - Amendment sought with regard to boundaries in the schedule of plaint - Plaintiff should have been more careful and more diligent in incorporating the correct schedule of the boundaries to the suit schedule properties at the time of filing the suit or prior to commencement of trial -..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Purchaser of ancestral property is necessary party and in absence of such necessary party, partition suit cannot be adjudicated...........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Application to set aside order proceeding ex parte filed U.O.9.R.13 CPC dismissed primarily on the ground that relief sought is not available U.O.9.R.13 CPC - Mere incorrect mention of provision does not disentitle a party from relief, if it is available on merits - Trial Court should have entertained..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of third party - When impleadment of a third party would be de novo trial, third party should not be impleaded...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Question of addition of parties U.O.1.R.10 CPC is generally not one of initial jurisdiction of Court, but of a judicial discretion which has to be exercised in view of facts and circumstances of a particular case...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a third party - Suit for declaration of title and permanent injunction - Applicants except stating that they are in possession of property and are cultivating the same for more than 30 years, have not shown that they have a direct interest in the subject matter of litigation so as to allow them to come on..........
