Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of third party - Suit for declaration of title and injunction - Petitioner purchased part of suit property much prior to filing of suit by plaintiff - Decree of suit will not bind petitioner - Petitioner held, cannot be said to be necessary or proper party to suit - Application for impleadment rejected...........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issues at appellate stage - Proposed issues are already incorporated in existing issues framed by trial Court and were being considered by appellate Court - Merely an appeal happens to be a continuation of suit, it cannot be said that fresh issues would be framed or can be framed again at the stage of..........
Civil Procedure Code, 1908, Order 6, Rule 17, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Amendment of plaint - Eviction petition - Landlord seeking eviction of tenant from shop in dispute to set up his son in business who has completed his BBA - By amendment landlord sought to add that son landlord `yet to complete his education' of BBA - Whether..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit - Formal defect - Expression "sufficient grounds" occurring in O.23.R.1(3)(b) cannot be restricted to defects of a formal character - Words are wide enough to take within its sweep other defects as well...........
Civil Procedure Code, 1908, Order 22, Rule 5 -- Legal Representatives - Determination of a person as legal representative - It is confined to the proceedings to enable the claimant to proceed with or continue the suit or appeal - It does not confer or recognise heirship...........
Civil Procedure Code, 1908, Order 39, Rule 2A, 7 -- Status quo order - Construction in violation thereof - Local Commissioner appointed to take colour photographs of all the sides of the disputed site - Local Commissioner instructed not to record evidence - It is not collecting evidence for plaintiff - Order will further cause of justice, so as to decide the contempt..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of plaintiff - Substitution of LRs - Claim of pensionary benefits - Plaintiff claimed to be wife of deceased/husband - Claim of pensioner benefit was a personal right on the basis of which Heirship Certificate was sought by plaintiff - It being personal right on her death, right to sue does not survive, therefore,..........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Pleading and proof - Evidence beyond pleadings - Not to be taken on record and if it is taken then it is to be ignored...........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Pleading and proof - Customary divorce - Custom which stands as an exception to general law of divorce assumes form of a material fact, as it constitutes cause of action and therefore, it is required to be pleaded specifically and also established by party propounding it...........
Civil Procedure Code, 1908, Order 6, Rule 18 -- Amendment of eviction petition allowed - Failure to amend eviction petition within a period of 14 days - Amended petition filed by landlord already been taken on record by Tribunal, by the time tenant filed present application - Though there is no specific order of extension of time for filing amended petition, fact that..........
