Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of co-plaintiff - L.R's not impleaded within time - Suit abated - Setting aside abate - Sufficient cause - In application for impleading L.R's and setting aside abatement date or time of death or knowledge of appellant about the death of deceased plaintiff not mentioned - Appellant negligent so far as proceedings of..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Police help - Before granting police aid, notice to J.D. not issued - J.D. deprived of his right of resisting decree by putting forth defences available to him - Impugned order set aside...........
Civil Procedure Code, 1908, Order 5, Rule 9, Civil Procedure Code, 1908, Order 41, Rule 14 -- Appeal - Service of summons - Service of summons through process of Court is mandatory - Several process servers gave notice relating to service and their endorsements sufficient to show service of notice - No material to show that such reports were false or erroneous - Order..........
Civil Procedure Code, 1908, Order 1, Rule 1, 3, 9, Civil Procedure Code, 1908, Order 2, Rule 3 -- Misjoinder of parties or misjoinder of cause of action - Court may exercise the power either by ordering separate trials of the claims, in respect of two or more causes of action included in the same action or by confining the action to some of the causes of action and..........
Civil Procedure Code, 1908, Section 151 -- Consolidation of suits - Jurisdiction to consolidate arises where there are two or more matters or causes pending in the court and it appears to the court that some common question of law or fact arises in both or all the suits or that the rights to relief claimed in the suits are in respect of or arise out of the same transaction..........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision - Decided in absence of counsel - Appellant was diligently pursuing the remedy - Circumstances explained due to which counsel of appellant could not appear and that plea not disbelieved - Appellant not responsible for the delay in proceedings in any manner - Impugned order set aside and matter remitted for..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Principles of res judicata do not apply where an order is passed by an authority which lacks inherent jurisdiction, the same being nullity...........
Civil Procedure Code, 1908, Order 2 -- Frame of suits - Scope of - (i) It provides that every suit shall be framed as far as practicable so as to offer ground for final decision upon the subjects in dispute and to prevent further litigation concerning them. (ii) It also insists that every suit shall include the whole of the claim that a plaintiff is entitled to make in..........
Civil Procedure Code, 1908, Order 1, Rule 1, 3, Civil Procedure Code, 1908, Section , Order 2, Rule 3 -- Mis-joinders of Parties or mis-joinder of cause of action - Plaint suffers from the defect of mis-joinder of parties or mis-joinder of cause of action either in terms of Order 1 Rule 1 and Order 1 Rule 3 on the one hand, or Order 2 Rule 3 on the other - Perceived defect..........
Civil Procedure Code, 1908, Order 1, Rule 2 -- Nature of provisions - Procedural Law - It is well understood that procedure is the handmaid of justice and not its mistress. Scheme of Order 1 and Order II clearly shows that the prescriptions therein are in the realm of procedure and not in the realm of substantive law or rights - An objection of mis-joinder of plaintiffs or..........
