Civil Procedure Code, 1908, Order 2, Rule 3 -- Misjoinder of causes of action - Two dishonoured cheques issued by one party - One suit filed - In view of provision of O.2.R.3 permitting plaintiff to unite in one suit several causes of action against the same defendant(s), suit cannot be said to be bad for misjoinder of causes of action...........
Civil Procedure Code, 1908, Order 37, Rule 1, Negotiable Instruments Act, 1881, Section 138 -- Summary suit for recovery of money due in respect of dishonoured cheque - The law permits the plaintiff to take out both Civil and Criminal proceedings - Both proceedings can be continued simultaneously - Both remedies are independent of each other - Thus passing of a decree will..........
Agreement to sell -- Suit for specific performance - Ready and willing - Plaintiff should plead and prove his readiness and willingness to perform his part of the contract - Mere taking of a plea in the plaint is not sufficient - Plaintiff should prove with cogent evidence his readiness and willingness to perform his part of the contract at all material times i.e. from the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary mandatory injunction - Defendant taking forcible possession of the suit garage by removing the car of the plaintiff therefrom and by putting a lock as well as by putting materials and keeping boxes therein - Once the forcible possession of the defendant is established, plaintiff is to be put back in possession -..........
Civil Procedure Code, 1908, Order 37, Rule 2, 3 -- Summary suit - Plaintiff-tenant filed suit against landlord for recovery of Rs.50 lacs given to the defendant as security and Rs.10, 55, 000 by way of interest - Claim for interest not based on any agreement or any enactment - Relief not in terms of O.37.R.2 - Summary suit not tenable - Unconditional leave to defend..........
Civil Procedure Code, 1908, Order 17, Rule 3, 1(1) -- Closing of plaintiff's evidence - Plaintiff obtained 7 adjournments for leading evidence but failed to do so - Not even present in Court for recording his own statement on the date when order passed - Change in counsel - Not a sufficient ground to grant adjournment - Order closing evidence - Upheld...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Proposed amendment seeking an ancillary or a consequential relief i.e. in the event of the decree for possession is passed, the same may be passed with a direction to remove the construction/malba raised in the property in dispute - If the plaintiff is granted a decree for possession and injunction then..........
Civil Procedure Code, 1908, Order 18, Rule 2 -- Defendant admitting case of plaintiff - He must conclude his evidence prior to the commencement of evidence by the contesting defendants...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Doctrine that plaintiff is dominus litus of suit - Always subject to basic exception where Court comes to a conclusion that presence of a party necessary for proper and formal determination of matters in controversy and to grant complete relief to the parties - Court's discretion not dependent upon consent of plaintiff...........
Civil Procedure Code, 1908, Order 5, Rule 19A -- Once Court directs service to be effected by registered cover - Obligatory on a party to comply with the order - Court directed plaintiff to furnish registered covers for service of summons - Registered covers not furnished - Defaulting party cannot take any advantage of its own default...........
