Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 3 -- Two plaintiffs - One plaintiff dead before institution of suit - Legal representatives already on record - Defendant could be substituted as plaintiff by transposition U.O.1.R.10 CPC even if O.22.R.3 CPC may not apply...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit to file a fresh suit - Liberty to file fresh suit rejected suit can not be ordered to have been withdrawn without liberty to file a fresh suit - If the court below thought that liberty should not be granted, the application could be rejected...........
Civil Procedure Code, 1908, Order 10, Rule 1 -- Counsel's statement - Can be recorded under rule 1 and not under rule 2 - Counsel entitled to point out that statement by him was under misapprehension of fact or lack of authority...........
Civil Procedure Code, 1908, Order 22, Rule 4, 11, Civil Procedure Code, 1908, Order 1, Rule 9 -- Acquisition of land jointly owned by four brothers - One consolidated assessment of price of land to determine compensatio, Joint decree for payment of compensation to all four brothers - appeal by State - Legal representatives of respondent dying during pendency of appeal not..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit and permission to file a fresh suit removing a certain defect-fresh petition curing other defects also - Not maintainable...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Appeal against disallowed portion of claim - Injured dying pending appeal - Appeal abates...........
Civil Procedure Code, 1908, Order 4, Rule 1 -- Plaintiff signed the plaint and present in Court at the time of presentation - Suit properly filed. Where the plaintiff had signed the plaint and was present in Court at the time of the presentation of the plaint, held, it cannot be said that the suit had not been properly filed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Proceedings in breach of injunction - Not void. The effect of issuing an injunction is that the person committing the breach thereof, shall be guilty of contempt of Court. It cannot be said that any proceedings in breach of injunction will become void...........
Civil Procedure Code, 1908, Order 33, Rule 1 -- Pauperism of wife - Consideration of means possessed by husband without jurisdiction...........
Civil Procedure Code, 1908, Section 99, Order 1, Rule 9 -- Misjoinder of parties - Suit cannot be dismissed - Objection cannot be raised for the first time in appeal. No suit can be dismissed on the ground of misjoinder of parties. Where no objection was taken by the defendant that the suit was bad for misjoinder of plaintiffs, it cannot be allowed to be taken for the..........
