Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - If any third party has direct interest in property for which decree of specific performance is being sought, then Court ought to liberally permit him to be impleaded as a party to suit - In such situation, it would be appropriate to avoid multiplicity of litigation - In..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining dispossession - Agreement to sell - Plea of possession in pursuance of agreement to sell - Agreement itself stipulates that agreement to sell is entered into without handing over possession to plaintiff - Plaintiff failed to establish prima facie case - Balance of convenience also not in..........
Indian Penal Code, 1860, Section 406, Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - Offence u/s 406 IPC - Matter is of a civil nature involving question of accounting, which can be decided by evidence of parties - Magistrate mechanically summoned applicant without appreciating procedure of law - Dragging matter before criminal Court is nothing but..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 41, Rule 20 -- Temporary injunction - Declined - Appeal against - Appeal filed against some of the defendants - Allegations against all the defendants in order to justify grant of temporary injunction - Grounds of appeal directly concern defendants in the pending suit who have not been made..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend - Criminal case registered against defendant in which he was arrested - Matter was settled, MOU was executed and defendant was granted conditional bail - However, defendant did not comply with the terms and conditions of MOU executed before the Court - Plaintiffs were within their right to..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Criminal and civil proceedings are two different and separate independent remedies - Filling of FIR and even proceedings u/s 138 of N.I.Act, 1881 do not debar a person to avail civil remedy to recover the outstanding amount...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of decree holder (DH) - Substitution of son of DH - Petitioner along with his all brothers and sisters have received the notices under execution proceedings but they never came forward to get themselves substituted/impleaded in execution proceedings - Petitioner was thus,..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for specific performance - Amendment sought to add expression `willing' after expression `ready' in plaint - Certain other amendments were also sought, which are clarificatory in nature - Plaintiff stated that due to mistake by earlier counsel, certain averments which ought to have been made, could..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Plaintiff guilty of suppression of certain facts at the time of adjudication of application U.O.39.R.4 CPC - It is inherent in order of said application that said facts are necessary for controversy - Plaintiff immediately filed application U.O.6.R.17 CPC to incorporate..........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 9 -- Appointment of local Commissioner - Suit land was already demarcated and report of such demarcation exist on record - No fresh demarcation of land could have been ordered at this stage, particularly, when demarcation previously conducted was acceptable to plaintiff also - Application for appointment of local..........
