Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Affidavit of Managing partners of plaintiff firm revealed that suit property is only asset of defendant company and company is taking hasty steps to encumber said property - Affidavit does not disclose nature of enquiry made by him or source of his information - In absence of precise averments in..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Third party or a stranger to contract cannot be added as party to suit so as to convert a suit of one character into suit of different character, as they are not necessary parties...........
Civil Procedure Code, 1908, Section 47 -- Execution - Decree for specific performance - Objection by third party - Suit property sold to petitioners during pendency of suit - However, transfer in favour of petitioners was made by persons who were not even parties to suit - Provision of S.52 of the Act is not applicable to facts of case, as transfer in favour of petitioners..........
Civil Procedure Code, 1908, Section 47, 115 -- Execution - Auction of property on failure of husband to pay maintenance - Property purchased by wife - Application by wife for delivery of possession - Respondent opposed application claiming to be auction purchaser through DRT - However, perusal of records shows that specific plea taken by husband that suit property belongs..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction petition - Amendment sought after about 30 years of filing written statement, which was not bonafide - It was an mala fide attempt with an intent to delay disposal of case - Application rightly rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Sought by a defendant who was proceeded ex parte for not filing written statement - Application filed by such a defendant rightly returned...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plea that there is liability to pay service tax and electricity charges - Held, such a plea can be substantiated only by leading evidence...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plea of suppression of material facts - Suppression of material facts as alleged has no relevance the claim of plaintiff - Application rightly rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plea that plaint not presented by an Officer appointed by the company - Plaintiff a limited company and plaint signed and presented by Joint Zonal Manager - Whether such Joint Zonal Manager has power to represent the plaintiff or not can be decided only by appreciating evidence led by parties -..........
Civil Procedure Code, 1908, Section 149 -- Payment of deficient Court fee - Extension of time - Once Court issued challan for payment of Court fee and accepted Court fee paid, it is deemed that petitioners has paid Court fee as per orders of Court...........
