Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Paternal grandmother of plaintiff seeking her impleadment in the suit - However, suit filed in the year 2014 and application for impleadment filed in 2019 - Paternal grandmother of plaintiff being head of family must have knowledge about family affairs and also about institution of..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of parties - Partition suit filed by wife against husband - Husband during subsistence of his marriage with plaintiff/wife remarried `J' - Children born out of said marriage are illegitimate sons and daughters for purpose of S.16(3) of Hindu Marriage Act and would only be entitled for partition in self acquired..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - Suit for specific performance - Petitioner claimed title to property in question - He is thus, a necessary party to suit - Application rightly allowed...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Recovery suit - Claim of plaintiff is based on promissory note - Acute financial embarrassment is being faced by defendant, as three loans having been availed from three different quarters running into enormous amount after date of execution of promissory note - There are thus, reasonable grounds..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Amendment sought seeking relief of mandatory injunction - Issues have been framed but trial has not commenced so far - Amendment sought is within imitation - Application allowed with costs of Rs.10,000/-...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - To report as to what part of property is constructed upon and what part is vacant - It does not amount to gathering substantial evidence - Local Commissioner will not state in his report as to who is in possession or not in possession of any part of suit property and in case Local..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Merely because in the substantial questions of law so framed in the memo of appeal involving interpretation of any particular provision of law by itself could not be substantial questions of law...........
Civil Procedure Code, 1908, Section 115, Order 41, Rule 5 -- Stay of execution - Revision - Execution proceedings cannot be resisted in revision when main appeal before High Court is yet to be argued either on stay matter or in main appeal - Petitioner has remedy of appeal against appellate decree and judgment to press his application U.O.41.R.5 CPC, if any which decree is..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 22(2) -- Property of senior citizen - Restoration of - Writ Petition - Maintainability - Property lost in deceptive transactions - However, civil suit in respect of suit property is already pending - Writ petition is not maintainable where a civil suit is pending in respect of a lis - Even otherwise,..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - Application filed after 44 years of filing of suit - No explanation given by defendants for such delay in filing application U.O.26.R.9 CPC - Defendants encroached upon certain piece of land belonging to plaintiffs - It would not be in the interest of justice to remand the matter to trial Court..........
