Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a person having agreement to sell in his favour - Proposed vendee does not get any right in law or even in equity with regard to property covered under the agreement and has only right to get another deed executed - Proposed vendee is neither necessary nor proper party to the suit - Order allowing impleadment..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution of decree - Violation - Except self serving statement of petitioner there is no other evidence to prove the allegations - For want of corroboration to version of petitioner, executing Court found evidence insufficient to indict respondents - Order upheld...........
Civil Procedure Code, 1908, Section 2(2), Order 7, Rule 11 -- Rejection of plaint - Order rejecting plaint U.O.7.R.11 CPC decided lis finally and would tantamount to a decree within meaning of S.2(2) CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11, Commercial Courts Act, 2015, Section 13(1A) -- Order rejecting plaint - Appeal thereagainst - Appeal u/s 13(1-A) of Commercial Courts Act is maintainable against order rejecting plaint...........
Civil Procedure Code, 1908, Section 151 -- Recall of order passed with consent of both the parties - Order cannot be interfered...........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Provisions relating to setting aside of an ex-parte order are to be construed liberally so as to advance cause of justice and afford an opportunity to parties to contest the matter on merits, rather than deciding the same ex-parte...........
Civil Procedure Code, 1908, Section 115 -- Acceptance of cost - Revision petition cannot be entertained on merits against the same order in which cost was imposed...........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Dowry demand - Prima facie allegations of harassment and demand of dowry are made out - However, despite that High Court quashed FIR against respondents primarily on the ground that earlier two complaints that were filed by appellant did..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of rent petition - Typographical error - Nature of amendment is not substantive but in fact is corrective in nature therefore, amendment cannot be rejected on this ground alone - Typographical mistake/correct provisions of law can always be placed before Court as they do not lead to any dispute on facts and they do..........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit - Dismissed in default - Condonation of delay - Reasons given by appellant for her non-appearance and delay are bona fide and constitute sufficient cause - Trial Court has erred in rejecting restoration application on technical grounds, thereby depriving appellant of an..........
