Civil Procedure Code, 1908, Order 21, Rule 92 -- Auction sale - Death of JD before confirmation of sale - Once JD was alive at the time of sale, subsequent death of JD before confirmation and omission to bring Lrs of JD for confirmation does not affect validity of confirmation of sale, as it dates back to date of sale, even when confirmation is at a later date...........
Civil Procedure Code, 1908, Section 115, Order 26, Rule 9 -- Local Commissioner - Dismissal of application - Revision thereagainst - Not maintainable as order does not decide any substantial right between parties...........
Hindu Marriage Act, 1955, Section 12, Civil Procedure Code, 1908, Section 151 -- Petition for dissolution of marriage filed by husband - Plea of vaginal problem of wife - Medical examination of wife - Wife, if willing, can undergo medical examination to prove her bona fides - Wife cannot be compelled to undergo medical examination against her wishes and in that case..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Until and unless ex parte decree is set aside by a competent Court of jurisdiction in an appropriate proceeding, first appellate Court should not have disturbed or interfered with valuable rights of appellant which stood crystallized by ex parte decree without opening of whole case for..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Subsequent purchaser - Impleadment - Suit for specific performance - A purchaser is a necessary party as he would be affected if he had purchased with or without notice of contract, but a person who claims adversely to claim of a vendor is, however, not a necessary party...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Subsequent purchasers - Impleadment - Suit for specific performance - When plaintiff wants to implead certain persons as defendants on the ground that they may be adversely affected by the outcome of suit, then interest of justice also requires allowing such a prayer for impleadment so that persons likely to be affected are..........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Evidence beyond pleadings - Is of no avail...........
Civil Procedure Code, 1908, Section 100, Order 41, Rule 31 -- Second appeal - Suit for cancellation of sale deed - Assailed on the ground that plaintiff who executed sale deed in favour of deceased was not mentally sound - However, evidence on record shows that plaintiff moved an application U.32.R.12 CPC, for discharge of next friend, which is indicative of fact that..........
Civil Procedure Code, 1908, Order 9, Rule 8 -- Dismissal in default - Suit can be dismissed in default when plaintiff is not ready to serve the purpose or has not taken steps to serve the purpose for which case is posted, though plaintiff or his counsel is physically present - When plaintiff is present, but not ready or willing to give evidence on the date on which case is..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Transposition of defendant as plaintiff - Original plaintiff ceases a party to the suit - It is in effect withdrawal and abandonment of a suit - Original plaintiff is precluded from instituting another suit for the same relief based on the same cause of action - Suit acquires character of another suit instituted by the..........
