Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleading of a party - Suit for permanent injunction restraining Municipal Council from demolition of the construction - Held, neighbour is a necessary party...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad-interim injunction - Implementation - Police help - Cannot be denied merely because order of ad-interim injunction is appealable - Order is to be respected till it exists...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Execution of decree - Ad interim injunction sought - Dismissed as objection petition can always be filed by the plaintiff in accordance with law and executing court is bound to consider the same...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Unless order sought to be reviewed suffers from error apparent on face of order and permitting order to stand will lead to failure of justice, no interference can be made in review jurisdiction...........
Civil Procedure Code, 1908, Order 16, Rule 1(3) -- Summoning of witnesses - Application rejected on ground that liberty had been given to petitioner to produce his witnesses, which he failed to produce despite opportunity - Witness a doctor, not willing to appear without summons - Duty of Court is to summon such witness - Impugned order set aside...........
Civil Procedure Code, 1908, Section 60(1) -- Proviso (kb) - Money payable under policy of insurance - Is exempt from attachment and sale irrespective of the fact whether the insurance policy matures during the lifetime of the assured or the money becomes payable after the death of J.D...........
Civil Procedure Code, 1908, Order 37, Rule 1, 3 -- Suit for recovery on a document - Leave to defend - Dispute whether document is a guarantee bond or merely an indemnity bond - Court required to consider the nature and meaning of the document - Held, this in itself is sufficient to grant leave to defend...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit at appellate stage - Appeal against dismissal of suit by trial Court - Since withdrawal will have effect of destroying or nullifying decree effecting thereby rights of parties which came to be vested under decree as such the same cannot be permitted at appellate stage...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Consenting order - Suit allowed to be withdrawn as counsel for respondents is stated to have no objection if suit is permitted to be withdrawn - Held, this does not amount to express consent given by the party as, such an expression of passive silence does not amount to according consent...........
Civil Procedure Code, 1908, Section 60(1)(g) -- Proviso - Pension - Attachment to the extent of 2/3rd - Order upheld...........
