Civil Procedure Code, 1908, Section 80 -- Notice to State - State proper party - Maintainability of suit - Plaintiffs have not claimed any relief whatsoever against State - State was only a proforma defendant in suit - Plaintiffs had only prayed that defendant No.3 is the owner of suit land but defendants 1 & 2 are raising construction thereon - No relief was claimed..........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Necessary or proper party - Recovery of loan - Insurance Company impleaded as proforma defendant as factory was insured with it against loss of fire - Insurance claim in respect of it was repudiated by it - Said defendant is just proper party and not necessary party - Suit cannot be said to be bad for its misjoinder...........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Non - joinder of necessary party - Construction of - Property inherited by widow, son and daughter after death of deceased - Suit for possession by widow alone - Remaining heirs added as proforma defendants - Not likely to be affected by decree - Even decree would not be against their interest - Not hit by non - joinder of..........
Prevention of Food Adulteration Act, 1954, Section 20 -- Sanction for prosecution - Filling up blanks of proforma - Shows complete non application of mind - While granting sanction for prosecution sanctioning authority is required to thoroughly examine the matter as to committing an offence and that it is in the public interest to accord sanction - Accused acquitted...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Proforma defendant - Can be transposed as plaintiff - Courts can always transpose a defendant as a plaintiff and can grant decree in its favour to avoid multiplicity of litigation and to do complete justice between the parties...........
Criminal Procedure Code, 1973, Section 167(2) -- Proforma as prescribed u/s 173(2) Cr.P.C. filed and there was not a single piece of paper indicating the state of investigation process undertaken by the police machinery - Filing of such a proforma shall not defeat the indefeasible right accrued to an accused disentitling him to claim the relief conferred by law - Accused..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Deletion of name of proforma defendant - Held, plaintiff is the dominus litus of the suit and he can choose as to against which party he wants claim as relief - Plaintiff is well within his right to pray for deletion of name of one of the defendants...........
Registration Act, 1908, Section 17 -- Agreement for construction of plinths - On completion of plinths the same to be handed over to FCI under a lease agreement to be executed between the parties in prescribed proforma - It is only an executory agreement and not an agreement creating rights in immovable property, hence not compulsorily required to be registered - It was a..........
Specific Relief Act, 1963, Section 12(4) -- Specific performance of part of contract - Suit dismissed by the Trial Court holding that since proforma respondent was a minor and no permission was taken from the court for selling his share, the agreement in the absence of mention of specific share of appellant, was void for vagueness and could not be specifically enforced -..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Proforma defendant - When no relief against proforma defendant in the earlier suit is claimed then principle of res judicata does not apply. AIR 1956 P&H 129 distinguished...........
