Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Unauthorised construction and occupation - Land belonging to DDA - Plea of tenancy under a charitable society - Land allotted to society by DDA on payment of consideration for construction of hospital - Plaintiff squattered over remaining land belonging to DDA as such DDA is entitled to demolish unauthorised construction..........
Civil procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Eviction decree - Stay of execution of eviction decree sought by married daughter of deceased original tenant who was not a party to the eviction petition - Eviction decree becoming final into Supreme Court - Held, injunction should not be granted unless there is positive evidence of her..........
Civil Procedure Code, 1908, Order 33, Rule 1 -- Deposit under the Provident Fund - Is exempted from attachment - Cannot be taken into consideration for holding that he is not indigent person...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17 -- Application U.O.1.R.10 & O.6.R.17 - No bar or limitation is prescribed - only question to be considered is whether the application is belated...........
Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Non framing of issues may not be fatal if both the parties go to trial knowing the case of each other...........
Civil Procedure Code, 1908, Order 33, Rule 1, 2 -- Permission to file suit as an indigent person - Maintenance amount cannot be taken into account for deter-mining the capacity of the appellant to pay the court fee...........
Civil Procedure Code, 1908, Order 32, Rule 1 -- Next friend of minor plaintiff cannot be construed as a party to suit to continue proceedings if plaintiff dies. (Contract Act, 1872, Ss.201, 208, & 209)...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of one defendant after passing of preliminary decree - Application U.O.22 R.3 CPC need not to be filed - Application under Order 1 Rule 10 CPC to add parties is maintainable...........
Civil Procedure Code, 1908, Order 22, Rule 9, Civil Procedure Code, 1908, Order 43, Rule 1 -- Order refusing to set aside abatement - Appeal against - Maintainable - An appeal shall lie under O.43.R.1(k) against an order under Order 22 Rule 9 CPC refusing to set aside the abatement of an appeal. It cannot be said, that the order of refusing to set aside the abatement,..........
Civil Procedure Code, 1908, Order 33, Rule 1, Civil Procedure Code, 1908, Order 22, Rule 3 -- Application to sue as indigent person - Pending inquiry death of applicant - Application to implead L.R.'s - Application dismissed as nothing to show that petitioners are also indigent persons and further holding that if they are so advised they can file a fresh application for..........
