Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration and permanent injunction - Petitioner wants to be added as a party in the suit due to stay entry incorporated in revenue record - No relief sought against petitioner by plaintiff - Stay order is passed against defendant which have no impact upon petitioner - Even otherwise,..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Ad interim injunction - Appeal - Order declining ad interim injunction passed after hearing parties - Appeal against such an order is maintainable U.O.43.R.1(r) CPC...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Order declining ad interim injunction - Appeal - If Court just gave notice of application U.O.39.Rr.1, 2 CPC to other party without expressing any opinion declining the ad interim injunction then appeal is not maintainable...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 3 -- Ad interim injunction - Any order granting or declining injunction cannot be passed U.O.39.R.3 CPC independently of O.39.Rr.1, 2 CPC...........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - First appellate Court has not set aside the judgment of trial Court after discussing the merits of the case - There is no categorical appraisal of reasons recorded by trial Court before setting aside judgment and decree passed by trial Court - Order of first appellate Court remanding case back to trial Court set..........
Criminal Procedure Code, 1973, Section 82 -- Proclamation - Petitioner is resident and citizen of UK since the year 1988 - He was never served in accordance with law - There was thus, no occasion for petitioner to evade the process of law - Proclamation order is in gross violation of S.82 Cr.P.C - Order declaring accused as proclaimed person set aside...........
Civil Procedure Code, 1908, Order 43, Rule 1(u) -- Appeal - Order setting aside ex parte decree and remand of case - Suit decided without affording opportunity to parties to adduce evidence on the issues framed - Trial Court therefore decided the suit without following due procedure of law, which is gross illegality in the eyes of law - Order setting aside ex parte decree..........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand - First appellate Court has not uttered a single word in respect of dispute between plaintiffs and defendants on merit, but erroneously remanded the matter back for giving an opportunity to interveners whose claim against defendants is based on entirely different story and cause of action - Order of remand set aside -..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendants acquired knowledge on the basis of summons which were issued in execution case - Even in main suit summons were not served and it is not disputed that there was no order passed by Court or even on registered cover sent by Court that summons were either refused or deliberately..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Appeal - Impugned order is an interlocutory order - There are no trappings of finality and substantial rights of parties were not affected - Appeal against such an order not maintainable...........
