Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17 -- Impleadment of a party and amendment of pleadings - Single application is maintainable...........
Civil Procedure Code, 1908, Section 35A -- Compensatory cost - Frivolous litigation - Three conditions are to be satisfied before Court proposes to award costs: (i) claim or defence must be false or vexatious; (ii) objections must be taken that claims or defence is false or vexatious to knowledge of party raising it; (iii) such claim or defence must have been disallowed or..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Earlier simple suit for injunction was filed and subsequent suit is for declaration - When the same issue is put in issue in a later suit based on title between the same parties or their privies in a subsequent suit, decree in injunction suit equally operates as res judicata...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Earlier simple suit for injunction was filed and subsequent suit is for declaration - Issue regarding ownership and possession decided against one `S' in earlier suit - Plaintiff in subsequent suit being purchaser of said property from said `S' would definitely be bound by the same - He cannot be permitted to set up..........
Evidence Act, 1872, Section 3 -- Statement of a party - Absence of any contrary version or any rebuttal by the opposite party - Statement of such party cannot be discarded and has to be accepted as it is...........
Civil Procedure Code, 1908, Order 21, Rule 32, Civil Procedure Code, 1908, Order 39, Rule 2A -- Police protection - Violation of order of temporary injunction or decree of permanent injunction - A party may file an application U.O.39.R.2-A CPC or file an execution petition U.O.21.R.32 CPC and can also file an application seeking police protection - Any person claiming..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Anti suit injunction - Restraining wife from proceeding with divorce petition filed by her in USA - Both the parties are presently residing in USA - Rights and liabilities of parties including custody of minor child can be effectively also determined in proceedings initiated by wife in USA - Proceeding..........
Anti suit injunction -- Courts in India have a power to issue anti-suit injunction to a party over whom the Court has personal jurisdiction in an appropriate case...........
Hindu Marriage Act, 1955, Section 13(1)(i), Orissa High Court Hindu Marriage And Divorce Rules, 1956, Rule 5 -- Divorce - Adultery - Non-joinder of paramour of wife - Where husband alleges adultery and dissolution of marriage u/s 13(1)(i) of the Act, he cannot be said to have a right of relief against paramour - Paramour is not a necessary party - However, R.5 of Rules..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration that sale deed is null and void and for injunction - Will basis of claim of plaintiff not proved to be in accordance with law - Whether any partition with respect to survey number in question had taken place or not is not borne out from record - Suit property was never recorded in the name of..........
