Civil Procedure Code, 1908, Order 22, Rule 2 -- Legal representative - In case one out of two plaintiffs dies then right to sue survives to the surviving plaintiff and in that event surviving plaintiff is not required to be impleaded as legal representative of deceased plaintiff...........
Civil Procedure Code, 1908, Section 151 -- Closure of evidence - Costs not imposed before closing evidence - By not imposing costs party not put on guard to make him aware that his evidence was likely to be closed - Order closing evidence set aside and tenant be provided three effective opportunities to complete his evidence subject to payment of Rs.5,000/- as costs...........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of Civil Court - Challenge to order passed by Consolidation Officer alleged to be fraudulent and collusive - Civil Court has jurisdiction when order passed by authorities under the special law contravenes (a) Principles of natural justice; (b) against the statute; (c) without following the procedural law; (d) issued in..........
Civil Procedure Code, 1908, Order 7, Rule 7, Civil Procedure Code, 1908, Order 6, Rule 1, 2, Specific Relief Act, 1963, Section 34 -- Suit for declaration - Relief of partition and possession - Plaintiff not claimed any relief of partition and possession - No pleadings regarding partition - No Court fees paid - It also not mentioned that all joint family properties are..........
Civil Procedure Code, 1908, Order 22, Rule 5 -- Impleadment of LRs - Determination - O.22.R.5 CPC specifically exists in order to determine the question as to legal representation of estate of deceased party in suit and if such issue is a disputed issue of fact, same is decided after leading of evidence...........
Civil Procedure Code, 1908, Order 7, Rule 3 -- Identification of property - Description of property must be sufficient to identify property and property can be identified either by its boundaries or by its number in public record of settlement or survey...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Rejection by invoking jurisdiction U.O.7.R.11 CPC - Counter claim cannot be rejected on the ground that it is unrelated with the subject matter of title suit - However, Court can direct defendant to prefer independent suit instead of deciding the same alongwith..........
Civil Procedure Code, 1908, Order 43, Rule 1(c), Civil Procedure Code, 1908, Order 9, Rule 9 -- Appeal - Order setting aside dismissal of suit for default - Order is not appealable...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Dispute between plaintiff and Municipal Corporation - Municipal Corporation taking up proceedings for removal of encroachment made by plaintiff based on applicant's complaint as disputed encroachment or construction is just in front of his house - None of applicant's individual or property rights are..........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Production of documents - Documents sought to be produced were not in existence at the time of filing petition - Objection as to belated production of documents is devoid of any merit...........
