Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - When there are several issue in a case in respect to issue where burden is on defendant to prove, plaintiff can exercise the option as provided U.O.18.R.1 CPC - However, in respect to other issues right to lead evidence is always on plaintiff...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Disputed agricultural land has already been sold out by respondent Nos.4 and 5 to respondent No.8 - Plaintiffs have not shown that they are entitled to any protection u/s 53-A of Transfer of Property Act, as they have not taken possession or performed their part of contract - Plaintiffs have not..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Can be granted in favour of plaintiffs against defendant for preventing defendant from alienating or transferring disputed property, even if principle of lis pendens enumerated in S.52 of Transfer of Property Act is applicable...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Suit for specific performance - Plaintiffs only claiming interim relief that defendant be restrained from alienating or transferring disputed land in favour of third party - They are not protecting their possession of disputed land - Relief of interim injunction can be granted in favour of plaintiffs..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of third party - Eviction suit - Tenancy is admitted by defendant in written statement without any dispute - There is thus, no scope to entertain impleadment application to implead subsequent lessees/transferees with limited rights under lease...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of third party - Eviction suit - Lease deed is executed by plaintiff, which is time bound lease subject to further renewal and only limited rights have been given to lessee - Therefore, in title dispute lessee would not be necessary party - However, in SCC Suit rights of third party is affected in tenancy dispute..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Presence of petitioner in suit is required for proper and effective adjudication of dispute in suit - Petitioner is a necessary party for deciding the issue involved in the suit and genuineness of Will which is a triable issue - Application rightly allowed...........
Civil Procedure Code, 1908, Order 7, Rule 10, Civil Procedure Code, 1908, Order 43, Rule 1(a), Commercial Courts Act, 2015, Section 13(1A) -- Order allowing application U.O.7.R.10 CPC - Appeal - Commercial suit - Order is appealable U.O.43.R.1(a) CPC and therefore in terms of S.13(1-A) Proviso of Commercial Courts Act, appeal would be maintainable...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 43, Rule 1(a), Commercial Courts Act, 2015, Section 12A -- Rejection of plaint - Non-compliance of provision of S.12-A of Commercial Courts Act - Declaration made by Court u/s 12-A of the Act was mandatory and that any suit instituted violating mandate of S.12-A must be visited with rejection..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - At appellate stage - Petitioner was not a party to original suit - He neither represented the claim in a representative capacity nor was his presence necessary for effective adjudication - However, trial Court permitted him as Sarpanch, to adduce evidence on behalf of Gram Panchayat - Said permission..........
