Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Necessary and proper party - A necessary party is one who ought to have been joined i.e. a person in whose absence no effective decree at all can be passed - A proper party is one whose presence is necessary to enable the Court to effectually and completely adjudicate upon and decide all questions involved in the suit...........
Civil Procedure Code, 1908, Section 151, Order 47, Rule 1, Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 18, 31 -- Suit for recovery by bank - Civil Court passed decree when it had no jurisdiction to pass such decree in view of coming into force of Act of 1993 - Bank sought recalling entire suit proceedings including decree in view of fact..........
Constitution of India, 1950, Article 226, 227, Civil Procedure Code, 1908, Section 151, Order 47, Rule 1 -- Civil Court - Inherent power - Order passed in exercise of - Writ jurisdiction cannot be invoked to challenge such order, without availing remedy provided by Code...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Police help to implement order of temporary injunction - When once an injunction order is not carried out, it is always open for the parties to seek police protection to see that the order of temporary injunction is properly implemented...........
Civil Procedure Code, 1908, Section 44A, Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 17(1), 2(g), 34 -- Decree passed by Foreign Court - Execution of foreign decree by Tribunal - Jurisdiction of tribunal - Though S.44-A(1) of C.P.C. creates legal fiction that decree passed by superior Court outside India is executable in District Court in..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 23, Rule 1 -- Ejectment petition - Ceased to occupy for four months - Previous petition on the same ground withdrawn without permission - Four months period not expired between the previous petition and new petition - Held, second petition is not maintainable...........
Limitation Act, 1963, Section 14, Civil Procedure Code, 1908, Order 23, Rule 1, 2 -- Exclusion of time - Non joinder of necessary parties - Objection taken at initial stage - Despite that suit proceeded without impleading necessary parties - It cannot be said that plaintiff acted in good faith taking due care and attention hence not entitled to benefit of S.14 of..........
Civil Procedure Code, 1908, Order 39, Rule 1(c) -- Temporary injunction - Plaintiff in possession under agreement of sale - Heavy amount paid to vendor on date of execution of agreement - Sale deed could not be executed due to failure of owner to obtain Income-tax Clearance certificate - Plaintiffs cannot be blamed for non payment of remaining amount - Prima facie they..........
Registration Act, 1908, Section 17(1)(vi) -- Decree passed on the basis of admission in written statement of alleged family settlement - Does not require registration - Court given declaration of pre - existing rights in favour of plaintiffs which were created in their favour by virtue of family settlement which had taken place prior to filing of suit - Registration of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction in a suit for declaration that orders for restoration of Khal for two crops of Sub Divisional Canal Officer and Divisional Canal Officer illegal, null, void and without jurisdiction - Orders passed after Sub Divisional Canal Officer visited the spot and verified the averments and relief granted for two..........
