Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - At appellate stage - Can be allowed even at appellate stage - However, when suit is dismissed as not maintainable for non joinder of necessary parties, then judgment and decree so passed cannot be permitted to be frustrated by allowing an application U.O.1.R.10 CPC...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Necessary party is a party in whose absence no decree at all can be passed and suit is liable to be dismissed for want of necessary party - Non-joinder of necessary party in a suit is thus, fatal...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining alienation of property - No documents filed by plaintiff for showing any of the items are the properties acquired in the name of plaintiff and nothing even showing any property a joint family property - Order granting injunction set aside - However, any alienation by defendant in favour..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Will - Second attesting witness of Will is sought to be produced by way of additional evidence by plaintiff - One of attesting witnesses already examined and plaintiffs never made any attempt to examine second attesting witness, during course of trial which remained pending for almost..........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - In every suit, plaintiff has right to begin unless defendant admits the facts alleged by plaintiff and contends that either in point of law or on some additional facts, plaintiff is not entitled to any part of the relief...........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Right of beginning - Pre-condition for invocation of O.18.R.3 CPC is that there must be several issues, the burden of proving some of which lies on the party beginning...........
Civil Procedure Code, 1908, Order 34, Rule 11(a)(iii) -- Interest - Recovery suit for losses and security deposit - In absence of any written condition on rate of interest, guidance can always be taken from O.34.R.11(a)(iii) CPC...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Fixing of rate of interest in facts and circumstances of case not raising question of law much less substantial question of law, second appeal dismissed, as substantial question of law is sine qua non for entertaining second appeal...........
Specific Relief Act, 1963, Section 34, 38, Civil Procedure Code, 1908, Order 21, Rule 101 -- Suit for declaration that decree of possession passed in civil suit is null and void and also for permanent injunction and compensation - Objections against said decree already filed U.O.21.R.101 CPC in execution petition - Separate suit for declaration against the very same decree..........
Civil Procedure Code, 1908, Section 10, 151 -- Stay of civil suit - Simultaneous prosecution of civil and criminal proceedings - Provision of S.10 CPC is inapplicable, as it is not a case of two Courts of concurrent jurisdiction trying two parallel suits in respect of same matter in issue - Consequently, it was not open for High Court to bypass S.10 CPC by invoking S.151..........
