Civil Procedure Code, 1908, Order 22, Rule 4 -- Abatement of suit - Non-impleading of LRs of deceased defendant - Omission to implead LR of a defendant - Suit will not abate as a whole, if interest of co-defendants are separate, as in case of co-owners, suit will abate only as regard particular interest of deceased party...........
Civil Procedure Code, 1908, Order 7, Rule 11, Specific Relief Act, 1963, Section 34 -- Rejection of plaint - Suit for declaration and permanent injunction that sale deed executed by defendant Nos.1 to 6 in favour of defendant No.7 is not binding on plaintiff and restraining defendants from alienating or encumbering or creating third party rights - Plaintiff in possession..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2, 17 -- Unamended pleadings - Do not loose its significance after amendment of pleadings - Original pleadings and statements given in evidence before amendment of pleadings has to be looked into and considered by Courts while deciding the case - Admission made in the unamended written statement can be used by Court unless it..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2, 17 -- Unamended pleadings - Admission made in unamended written statement can be used by Court unless it has been successfully explained to be erroneous in subsequent pleadings and evidence...........
Civil Procedure Code, 1908, Order 16, Rule 1(2), Civil Procedure Code, 1908, Order 12, Rule 2 -- Plaintiff as defendants witness - Provisions of O.12.R.2 and O.16.R.1(2) are not applicable - O.12.R.2 CPC does not enable the defendant to compel plaintiff to enter witness box to give evidence - O.16.R.1(2) is also not applicable as this provision does not deal with right of..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 9 -- Restoration of eviction petition, dismissed in default - Landlord an old man of 79 years suffering from various ailments, was not residing at Shimla during winter season - Therefore he had no occasion to have come to know about the order passed in the rent petition - Delay as occurred stand satisfactorily..........
Civil Procedure Code, 1908, Order 9, Rule 9, Civil Procedure Code, 1908, Order 43, Rule 1(c) -- Rent petition - Dismissal in default - Restoration - Appeal against order dismissing application U.O.9.R.9 CPC - Such appeal is maintainable as per scheme of CPC, until otherwise specified by Government by way of issuance of an appropriate notification...........
Civil Procedure Code, 1908, Section 9, Order 7, Rule 10, Himachal Pradesh Tenancy and Land Reforms Act, 1972, Section 72, 92 -- Return of plaint - Bar of civil Court jurisdiction - Recovery suit filed by society - Filing of suit expressly barred by provision of S.72 of Co-operative Societies Act, as dispute touches Business of a Cooperative Society and has arisen between..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise decree - Compromise can also be beyond subject matter of suit...........
Civil Procedure Code, 1908, Section 20(c) -- Territorial jurisdiction - Suit for declaration - Suit filed by plaintiff is a derivative action on behalf of defendant No.2 which is a company incorporated in Dubai - Plaintiffs were also resident nationals of Dubai - Merely because dispute is about those shares which are issued by Indian Company would not lead to conclusion..........
