Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17 -- Impleadment - Amendment of plaint - Suit for declaration on the basis of adverse possession - Suit is not maintainable - Claim can only be agitated by way of defence - Once suit itself is not maintainable then applications seeking impleadment and amendment automatically become..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit - Right to sue for reliefs which was lost by not seeking and obtaining leave of Court at the time of filing of former suit, cannot be restored or revived by simply withdrawing the earlier suit filed for some of reliefs alone or part of claim alone by getting a permission U.O.23.R.1(3)...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Mere fact that suit for injunction was permitted to be withdrawn by Court may permit the plaintiffs to file a fresh suit for very same relief i.e injunction suit and it cannot be interpreted to confer a right on plaintiffs to file a suit for specific performance, which claim was omitted to be made in..........
Civil Procedure Code, 1908, Order 3, Rule 4(5) -- Advocate - Conceding claim or confess judgment affecting rights of a party - An advocate cannot, unless he has filed in Court a memorandum of appearance (vakalath) prescribed by Rules, conceded the claim or confess judgment affecting rights of a party as it exceeds the authority recognized in O.3.R.4(5) proviso CPC...........
Civil Procedure Code, 1908, Order 23, Rule 1(3)(b) -- Withdrawal of suit with liberty to file fresh suit on same cause of action - Permissibility - Where there is material concealment of facts which were in the knowledge of plaintiff and after defendant exposes the same in written statement and counter claim, plaintiff cannot set at knot the entire process, that has to..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Condonation of delay - Allowed subject to payment of entire suit claim - Held, Court should not have imposed such an unreasonable and onerous condition...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Immovable property situate outside territorial jurisdiction of Court - No relief an be granted - Held, counter claim not maintainable...........
Civil Procedure Code, 1908, Order 20, Rule 1 -- Judgment - Without Reasons - A judgment without reasons causes prejudiced to person against whom it is pronounced, as the litigant is unable to know the ground which weighted with Court in rejecting or accepting his claim - It also causes impediments in taking adequate and appropriate grounds before higher Court in event of..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Applicant basing his claim on an independent interest - It cannot be said that without presence of applicant, dispute raised in the suit cannot be determined - Impleadment of applicant will lead to unnecessarily complicating the litigation, which is far beyond the scope of suit instituted by plaintiff..........
Acid attack victims -- Victim compensation scheme and free medical aid - Directions issued to state/UTs: (a) minimum of Rs.3,00,000 be made available to each victim of acid attack; (b) No hospital/clinic should refuse treatment citing lack of specialized facilities; (c) First-aid must be administered to the victim and after stabilization, the victim/patient could be..........
