Consumer Protection Act, 1986, Section 12(1),(c) -- Complainants - Locus standi - Housing construction - The complainants are all purchasers of the suit buildings - There is nothing on record to show that there are any more purchasers of the suit buildings other than the 16 complainants - Leave of the Commission would be required if some of the consumers filed their..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Leave obtained to withdraw suit with permission to file fresh suit on the same cause of action and on the same subject matter - Not open to plaintiff to file second suit with totally different cause of action and different subject matter by impleading other parties...........
Civil Procedure Code, 1908, Order 11, Rule 11 -- In the absence of an order under this rule, no action can be taken against the defaulting party - An order granting leave U.O.11.R.11 to deliver the interrogatories does not amount to an order under this rule - This necessarily leads to the examination of interrogatories served and the answers provided or the objection..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit - At appellate/Second appellate stage - The appellate/second appellate Court should apply its mind to the case with a view to ensure strict compliance with the conditions prescribed in O.23.R.1(3) CPC for exercise of the discretionary power in permitting the suit with leave to file a fresh suit on the..........
Civil Procedure Code, 1908 -- Withdrawal of suit - At appellate/Second appellate stage - The appellate/second appellate Court should apply its mind to the case with a view to ensure strict compliance with the conditions prescribed in O.23.R.1(3) CPC for exercise of the discretionary power in permitting the suit with leave to file a fresh suit on the same cause of action...........
Capital of Punjab (Development and Regulation) Act, 1952, Section 8A -- Resumption of plot on ground of violation of Rule 5 of Punjab Capital (Development and Regulation) Building Rules, 1952 - Order challenged by mortgagee who is also holder of general power of attorney from allottee - Objection raised in written statement to maintainability of writ petition and locus..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Agreement of sale - Earlier suit for injunction restraining defendant from transferring, alienating or disposing of suit land in any manner in favour of any one else other than plaintiff - Right had already accrued to plaintiff to sue for specific performance of contract on account of breach committed by defendant in not..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Agreement to sell - Suit for injunction filed when a right had accrued to the plaintiffs to sue for specific performance of the contract - Plaintiffs not only omitted to sue for specific performance of the contract or for recovery of earnest money/liquidated damages but also did not seek any leave of the Court to sue for such..........
Civil Procedure Code, 1908, Section 80(2) -- Leave to institute suit without serving notice - Application filed alongwith plaint - No formal order passed by Court on application - Suit proceeded with - It can be implied that Court had granted leave - Leave need not be by formal order - It can be implied by action of Court...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- For applicability of the provision the defendant must make out (1) That the second suit was in respect of the same cause of action as that on which the previous suit was based; (2) That in respect of that cause of action the plaintiff was entitled to more than one relief and (3) That being thus entitled to more than one relief..........
