Civil Procedure Code, 1908, Order 26, Rule 1 -- Examination of witness on commission - Witness to be produced a material witness - Application supported by an affidavit and also a medical certificate that witness is ill and cannot take the journey because of illness - Application allowed...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Police aid - Interim injunction made absolute - Attempts made to interfere with possession of petitioner - Court is justified in granting police aid...........
Limitation Act, 1963, Section 65, Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Adverse possession - Plaintiffs claiming to be in possession for the last 40 years - Defendants in their written statement taking the plea that the possession of the plaintiffs was that of trespassers i.e. `illegal possession' - Plea of possession of more than 12 years when admitted then..........
Civil Procedure Code, 1908, Order 30, Rule 1, 2 -- Suit in the name of firm filed by one partner - Suit is maintainable...........
Civil Procedure Code, 1908, Section 11, Order 23, Rule 3, Civil Procedure Code, 1908, Order 3, Rule 1 -- Compromise in writing and signed by counsel but not signed by the parties in person - Is valid and binding on the parties and is executable & operates as res judicata even if it extends beyond subject matter of suit - Expression 'in writing and signed by the parties'..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Addition of a party - In two situations a party can be added (1) When a party ought to have been joined but not joined (2) Party to be added is necessary to effectively and completely adjudicate upon and settle all points involved in the suit...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Addition of a party - If a person is to be incidentally affected by the judgment, he is not to be joined as a party...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Addition of a party - Necessary party - Is one in the absence of whom no order can be made effective nor the effective decree can be passed at all or in his absence it is not possible to adjudicate upon effectively and completely on the matter in controversy between the parties...........
Civil Procedure Code, 1908, Order 1, Rule 9, 10 -- Necessary parties - Suit for declaration that plaintiff is the owner of the house in suit and for cancellation of the sale deed executed by the defendant in respect of a portion of that house - Case of plaintiff is that on family settlement the house in quest ion was allotted to his share which initially belonged to the..........
Civil Procedure Code, 1908, Order 6, Rule 1 -- Pleadings - Object (a) Object is to avoid surprises to parties (b) Is to bring forth to the forefront the points of controversy between the parties to the lis (c) Have to be read as a whole and as an ordinary prudent man would understand them (d) Sufficiency of pleadings have to be looked from the morsel information...........
