Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Proper party - A proper party is the party whose presence in a suit though may not be necessary but is yet desirable for a just decision of the Court...........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit dismissed in default - Delay - Condonation - Delay of 26 days - Ground of ill health - No documentary evidence in support thereof - Delay is not abnormal - Delay condoned subject to payment of costs of Rs.1,000/- - Suit restored...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - No person can be impleaded as a defendant on basis of apprehension as he has to show his rights and interest in the suit...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Neither any right of respondents are in question nor same are in any manner at risk - If any order is passed in the suit, likely to affect rights of respondents, obviously same would be inoperative to the extent of affecting their rights, if they are not impleaded as party - More so, any order passed..........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Restoration of suit dismissed in default - Court not at all impressed by the grounds set forth by plaintiff for restoration of suit - Delay in filing application not sufficient explained - However, since plaintiff is a Govt. company and that restoration of suit will not automatically amount to passing of a decree so as to..........
Civil Procedure Code, 1908, Order 9, Rule 13 - - Ex parte decree - Setting aside - Appeal against an ex-parte decree dismissed - No direction issued by Appellate Court directing plaintiff to avail remedy of an application U.O.9.R.13 CPC - Remedy of an application U.O.9.R.13 CPC is thus, clearly barred by O.9.R.13 Proviso CPC...........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - Nothing beyond pleadings of parties is to be considered in first or second appeal...........
Civil Procedure Code, 1908, Order 8, Rule 1(3) -- Production of documents - Purpose and scope of O.8.R.1(3) CPC is not to permit to take documents on record at any stage and in particularly when case is posted for final hearing - Application rightly rejected...........
Arbitration and Conciliation Act, 1996, Section 34, 37, Commercial Courts Act, 2015, Section 13(1), Civil Procedure Code, 1908, Order 43, Rule 1, Civil Procedure Code, 1908, Order 7, Rule 10 -- Arbitration award setting aside - Rejection of plaint on ground of jurisdiction - There is no adjudication u/s.34 of Act, 1996 - Special Commercial Court allowed an application..........
Civil Procedure Code, 1908, Order 13, Rule 9 -- Return of admitted documents - Where entitlement of defendants is decided and Court has held that amount in fixed deposit is amount which defendants are entitled, there can be no rider placed on power of Court to pass an order to return documents by relying on O.13.R.9 CPC - Recourse to procedural restrictions U.O.13.R.9 CPC..........
