Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action accrued to plaintiff though not disclosed meticulously in plaint, but upon meaningful construction of averments, plaintiffs have made endeavor to plead in plaint that cause of action has accrued to them on various dates in terms of averments made in plaint - Plaint discloses cause of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining defendants for causing any hindrance to performance of puja and other celebrations on suit property - Entire scope of application of temporary injunction is referred to acts of celebrating kalipuja and performing sports activities, which were of transient nature on face of it and could..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Suit filed against dead person - Impleadment of LRs of deceased defendant - There is no bar for Court to add legal heirs of a defendant who was dead at the time of institution of suit, if such legal heirs are necessary parties for proper and effective adjudication and to avoid multiplicity of proceedings...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Suit filed against dead person - Impleadment of LRs of deceased defendant - Death of defendant prior to institution of suit does not make case void and ab initio and case can continue in presence of legal heirs of such sub deceased party...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Suit filed against dead person - Impleadment of LRs of deceased defendant - Suit filed against dead persons, defendant No.1 and defendant No.10, due to bona fide mistake - Plea that defendant No.1 transferred his property to defendant No.3, as such legal heirs of defendant No.1 has no interest in suit property - Case is at..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex parte decree - Setting aside - Once Court comes to conclusion that service was incomplete and needed to be complete, then it was not open for Court to suddenly shift its stand by treating earlier service as complete - Ex parte decree set aside...........
Civil Procedure Code, 1908, Order 16, Rule 14 -- Calling adversary as a witness - Only as an exception - Trial Court not to exercise discretion in this regard when facts and circumstances of case do not warrant such action...........
Civil Procedure Code, 1908, Section 151, Order 13, Rule 4 -- Exhibition of document - Certified copy of deposition of defendant in evidence, who deposed as PW1 in other case, sought by plaintiff on his behalf - Said certified copy is a part of record of Court, certainly there is a presumption of authenticity including its contents and basing on the proceedings before Court..........
Civil Procedure Code, 1908, Order 23, Rule 1(4) -- Withdrawal of suit without permission of Court - Plaintiff is precluded from filing a fresh suit on the same subject matter as the legislature has used the words `same subject matter' and not `same cause of action'...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Prior to commencement of trial - Question of due diligence arises for consideration only when application is filed after commencement of trial - Though it is not mandatory to allow application if filed prior to trial, it would not be proper to hold that there is lack of diligence even when application is..........
