Civil Procedure Code, 1908, Order 1, Rule 10, Specific Relief Act, 1963, Section 38 -- Impleadment of a party - Suit for injunction - Plaintiff has the prerogative to choose his opponents in a suit for injunction - No body can claim right to get himself impleaded to the dislike of the plaintiff - It is only when allegations of collusion or fraud are made that trial Court..........
Evidence Act, 1872, Section 90 -- Documents 30 years old - A document 30 years old prove itself - Proper custody is a condition precedent to the applicability of S.90 of the Act - Proper custody means custody of any individual connected with the deed that his possession of it does not excite any fraud or suspicion - An ancient document ought to be corroborated by some..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of withdrawal application - Application once filed cannot be allowed to be withdrawn except when application for withdrawal was the result of practising fraud and misrepresentation - When signatures on application for withdrawal of suit were obtained fraudulently and application was not moved voluntarily out of own..........
Suppression of a material document -- Amounts to fraud on Court...........
Suit for specific performance -- Suppression of any material fact/document amounts, a fraud on Court - Every court has an inherent power to recall its own order obtained by fraud as the order so obtained is non est...........
Fraud -- In judicial proceedings, once a fraud is proved, all advantages gained by playing fraud can be taken away - In such an eventuality the questions of non executing of the statutory remedies or statutory bars like doctrine of res judicata are not attracted...........
Fraud -- Is proved when it is shown that a false representation has been made (i) knowingly, or (ii) without belief in its truth, or (iii) recklessly, careless whether it be true or false - Suppression of a material document also amounts to fraud on Court...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Appeal against decree on the ground that consent was obtained by fraud - Held, appeal is not maintainable - If a claim of fraud is made, there are three options open : (1) to apply to the same Court for recalling the order by setting out the grounds of fraud; (2) an independent suit by contending that the..........
Civil Procedure Code, 1908, Order 23, Rule 3-A -- Setting aside of compromise decree - Separate suit filed raising challenge against compromise decree on the ground that compromise was obtained by exercising fraud and misrepresentation - Held, suit not maintainable in view of O.23.R.3-A CPC - Plaintiff can challenge compromise decree by filing application u/s 151 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11, Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 34 -- Application U.O.7.R.11 CPC for rejection of plaint on the ground that jurisdiction of civil Court is barred u/s 34 of 2002 Act - Plea that civil suit is maintainable where the actions of the secured creditors are..........
