Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - The person to be joined must be one whose presence is necessary as a party - Person having relevant evidence on some of the questions involved is not a necessary party as he is only a necessary witness...........
Civil Procedure Code, 1908, Order 1, Rule 9, Civil Procedure Code, 1908, Order 34, Rule 1 -- Redemption of mortgage - Non impleading of daughters of mortgagee who were necessary parties - Objection as to non joinder also taken at earliest opportunity - Suit bad for non joinder of necessary parties...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Sale deed executed In violation of injunction order - Does not invalidate the sale deed or render it nullity - Vendor may be liable of penal consequences for violating the injunction order...........
Transfer of Property Act, 1882, Section 60, Civil Procedure Code, 1908, Order 23, Rule 1 -- Redemption - Till right to redeem is extinguished effectively either by the act of the parties or by an order of the court, the right to redeem subsists and can be acted upon - It is neither extinguished by withdrawal of a suit without making a prayer for filing a fresh suit nor it..........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Necessary parties - Mortgage suit - If an effective decree can be passed and the rights of the party not before the court can be safeguarded, suitable relief shall not be denied to the plaintiffs...........
Civil Procedure Code, 1908, Order 39, Rule 1, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Ad interim injunction - Appeal against - Appellate Court has no jurisdiction to hear and dispose of the injunction petition itself on merits...........
Civil Procedure Code, 1908, Order 21, Rule 1(1)(a) -- Part of decretal amount deposited pursuant to an order of appellate court for interim stay of execution - Is not a payment under order 21 Rule 1(1)(a) - Interest does not ceases to run from date of such payment...........
Civil Procedure Code, 1908, Section 152, Order 47, Rule 1 -- Review - Dismissal of suit on statement of counsel that plaintiff does not want to proceed against defendant - Restoration of suit by review of judgment not possible...........
Civil Procedure Code, 1908, Order 43, Rule 1 -- Remand - Land acquisition proceedings - Plea that documents not properly proved - Plea not tenable - Fact that in some other matter case has been remanded, wherein the documents were not duly proved cannot be a ground for remand...........
Civil Procedure Code, 1908, Order 7, Rule 1 -- It is obligatory for the Court to ascertain from the averments in the plaint as to when the cause of action arose for the suit - Court can assume jurisdiction only when the claim is within limitation from the date when the cause of action arose according to law - Court cannot solely be guided by admission or denial of the..........
