Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - At the instance of co-defendant - An application for injunction by co-defendant against another defendant is not maintainable...........
Civil Procedure Code, 1908, Order 22, Rule 2 -- Death of one of plaintiffs - Failure to bring on record LRs of one of plaintiffs may or may not result in abatement of suit as a whole - Suit as a whole can abate only if cause of action is joint and indivisible...........
Civil Procedure Code, 1908, Order 22, Rule 2 -- Abatement of suit/appeal - Death of one of plaintiffs - Suit for accounts of partnership firm - All three plaintiffs had independent rights in partnership firm - On account of death of one of plaintiffs, if LRs are not brought on record then right of deceased plaintiff will stand defeated but it cannot defeat rights of other..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Maintainability - Order dismissing appeal against dismissal of an application U.O.9.R.13 CPC - Second appeal against such order is not maintainable, being not against a decree...........
Civil Procedure Code, 1908, Section 96 -- First appeal - Maintainability - Order dismissing application U.O.9.R.13 CPC - First appeal u/s 96 CPC is not maintainable against such an order, as first appeal has to be preferred against such order u/s 104 r/w O.43.R.1(d) CPC...........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Issues - Partition suit - Issue with regard to maintainability of suit and non joinder of necessary parties - Cannot be decided as preliminary issue...........
Civil Procedure Code, 1908, Section 151, Order 13, Rule 4 -- De-exhibiting of document - There is no provision for de-exhibiting a document which is already exhibited - However, mere fact that a document is exhibited does not mean that it has to be read in evidence or in other words it has 100% evidentiary value...........
Civil Procedure Code, 1908, Order 3, Rule 1, 2 -- Power of attorney holder - Can depose only qua facts which are in his personal knowledge and cannot be allowed to be examined/cross-examined qua facts which are in the personal knowledge of principal...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Transposition of plaintiff Nos.3 & 4 as defendants - Necessary party - Plaintiff has every right to array petitioner-transposed defendants as defendants, particularly when they were taking side of defendant and took U-turn by withdrawing suit on their part which was filed collectively along with other remaining plaintiffs -..........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Admissibility of document - Objection as to - Once document is received in evidence, without any objection about its admissibility, no further argument can be advanced on admissibility...........
