Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Neither any right of respondents are in question nor same are in any manner at risk - If any order is passed in the suit, likely to affect rights of respondents, obviously same would be inoperative to the extent of affecting their rights, if they are not impleaded as party - More so, any order passed..........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Restoration of suit dismissed in default - Court not at all impressed by the grounds set forth by plaintiff for restoration of suit - Delay in filing application not sufficient explained - However, since plaintiff is a Govt. company and that restoration of suit will not automatically amount to passing of a decree so as to..........
Civil Procedure Code, 1908, Order 9, Rule 13 - - Ex parte decree - Setting aside - Appeal against an ex-parte decree dismissed - No direction issued by Appellate Court directing plaintiff to avail remedy of an application U.O.9.R.13 CPC - Remedy of an application U.O.9.R.13 CPC is thus, clearly barred by O.9.R.13 Proviso CPC...........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - Nothing beyond pleadings of parties is to be considered in first or second appeal...........
Civil Procedure Code, 1908, Order 8, Rule 1(3) -- Production of documents - Purpose and scope of O.8.R.1(3) CPC is not to permit to take documents on record at any stage and in particularly when case is posted for final hearing - Application rightly rejected...........
Arbitration and Conciliation Act, 1996, Section 34, 37, Commercial Courts Act, 2015, Section 13(1), Civil Procedure Code, 1908, Order 43, Rule 1, Civil Procedure Code, 1908, Order 7, Rule 10 -- Arbitration award setting aside - Rejection of plaint on ground of jurisdiction - There is no adjudication u/s.34 of Act, 1996 - Special Commercial Court allowed an application..........
Civil Procedure Code, 1908, Order 13, Rule 9 -- Return of admitted documents - Where entitlement of defendants is decided and Court has held that amount in fixed deposit is amount which defendants are entitled, there can be no rider placed on power of Court to pass an order to return documents by relying on O.13.R.9 CPC - Recourse to procedural restrictions U.O.13.R.9 CPC..........
Criminal Procedure Code, 1973, Section 125, Civil Procedure Code, 1908, Order 6, Rule 17 -- Maintenance - Amendment of petition - Proceedings are quasi civil in nature meaning thereby that it has ingredients of both civil and criminal - There is no specific bar that provision of O.6.R.17 CPC is not applicable in case u/s 125 Cr.P.C...........
Civil Procedure Code, 1908, Order 41, Rule 27(1)(b) -- Additional evidence at appellate stage - Application U.O.41.R.27(b) CPC is not automatic and cannot be treated to be mere irregularity which can be cured at any point of time - Appellate Court is under obligation to consider entire evidence on record and come to an independent finding for arriving at a just decision..........
Civil Procedure Code, 1908, Order 41, Rule 27(1)(b) -- Additional evidence at appellate stage - Application filed by plaintiff - Defendant entitled to get opportunity to raise his objection against adduction of additional evidence at the appellate stage...........
