Civil procedure Code, 1908, Order 15, Rule 1, Civil procedure Code, 1908, Order 20 -- Parties when not at issue on any question of law and facts, court can pronounce judgment at once - Procedure U.O.20 need not to be followed in such a case...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Agreement to sell - Suit for specific performance - Applicant claiming to be impleaded as a defendant on the basis of another agreement to sell in his favour - Neither a necessary nor a proper party -Cannot be impleaded as a defendant...........
Civil Procedure Code, 1908, Order 6, Rule 14, Civil Procedure Code, 1908, Order 19, Rule 1 -- Duly authorised' - Need not be restricted to mean authorised by written authority - An agent of a Bank, who had signed and verified plaint being acquainted with the fact of the case - Held, to have signed and verified on behalf of the Bank...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Public street - Local body has no right to put up any obstruction over the public street so as to prevent access to adjoining property - Owner of adjoining property has a right to seek interim injunction for restraining such obstruction - Owner of adjoining property has a right of access at every point where his land..........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Necessary party is not added - Suit to be dismissed not for the reasons in non-joinder or mis-joinder of the parties but because no effective order can be passed and consequently no relief can be granted to the parties on record...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Eviction petition - Compromise - Eviction decree passed - Tenant taking some persons as partners - Partnership firm claiming itself to be tenant - Held, there is no privity of contract between the firm and the landlord - Application U.O.39 Rr.1, 2 seeking stay of execution of eviction decree rejected...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- An interim injunction sought from interference in peaceful possession and enjoyment of suit premises till evicted under law - Plaintiff's brother was tenant against whom order of eviction passed - Plaintiff not made party to the eviction proceedings - Plaintiff failing to establish that he is in possession in his own right..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 43, Rule 1(d) -- Exparte decree - Setting aside - Conditional order as to deposit of half of the decretal amount and costs passed - Appeal is maintainable if the said order also mentions the consequences of not fulfilling the condition - Revision petition u/s.115 CPC lies if order does not..........
Civil Procedure Code, 1908, Order 13, Rule 1 -- Documents sought to be produced in the trial court before arguments are completed - Normally they can be received and an opportunity given to prove them and rebuttal if any and their relevance and effect may have, be considered in deciding the issues arose in the controversy...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Expression `May' is not discretionary - `May' to be read as `Shall'...........
