Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment as party - Suit for perpetual injunction - Petitioner claiming interest in property by virtue of sale transfer pendente lite - Petitioners had not chosen to come on record during pendency of suit or even subsequent to filing of appeal - After sufficient lapse of time application for impleadment was filed -..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Suit for specific performance - Defendant proceeded exparte - Application by daughters that they are necessary parties as whereabouts of their father is not known - Lower Court observed that since a period of seven years had not elapsed therefore there is no presumption that he had died - Order set..........
Civil Procedure Code, 1908, Order 18, Rule 4(2), Civil Procedure Code, 1908, Order 26, Rule 1 -- Local Commissioner to record evidence of a witness - Before appointing a Commissioner, Court to ensure (i) filing of examination-in-chief in the form of an affidavit with a copy to the opposite party; (ii) Immediately thereupon Court to resolve questions as regards the proof..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Title suit on the basis of sale deed - Specific denial by defendant - Execution of sale deed itself in dispute - Issue regarding execution of sale deed - Court ought to frame the issue regarding proof of execution of sale deed...........
Civil Procedure Code, 1908, Order 1, Rule 10, Telegraph Act, 1885, Section 16 -- Telegraph - Tree Felling compensation - Determination - Procedure of - Non impleadment of necessary parties - Objection as to - Cannot be raised by party once it has taken chance by filing written statement and having lost before District Judge...........
Civil Procedure Code, 1908, Order 1, Rule 10, Telegraph Act, 1885, Section 16 -- Telegraph Department cutting and felling trees - Damage and compensation regarding the same determination procedure - Non-impleadment of necessary parties - Objection as to - Cannot be raised by party once it has taken chance by filing written statement and having lost before District Judge...........
Civil Procedure Code, 1908, Order 39, Rule 11(1)(2) -- Bombay Amendment as introduced in Maharashtra by Notification dated 5-9-1983 - Wilful disobedience of order of injunction - Application seeking striking of defence - Refusal to strike out defence - Sufficient cause - Failure by defendant to pay royalty amount as per directions of Court - Defendant having failed in all..........
Civil Procedure Code, 1908, Order 39, Rule 11(1) -- Bombay Amendment as introduced in Maharashtra by Notification dated 5-9-1983 - Injunction order - Wilful disobedience of by the party - Courses open to the Court - Parties defying orders of Court - Committing breach of undertaking given to Court - Consequential dismissal of suit of plaintiff or striking off defence of..........
Civil Procedure Code, 1908, Order 4, Rule 1 -- Suit instituted after office hours or on a holiday at the residence of Presiding Officer - No Judicial Officer would refuse to exercise his discretion in a case of urgency justifying the grant of appropriate relief in the form of injunction or stay order in appropriate case...........
Civil Procedure Code, 1908, Order 17, Rule 1 -- Adjournment - Not to be granted more than three times during hearings of suit - Even these three adjournments cannot be claimed as of right as adjournment is in the discretion of the Court and cannot be claimed as of right...........
