Civil Procedure Code, 1908, Order 7, Rule 7 -- Relief - It is basic fundamental principle of civil jurisprudence that even when some procedural irregularities occurred during course of granting substantive reliefs to the parties, Court has got ample power to mould the relief in order to avoid multiplicity of proceedings between the parties...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Failure to frame an issue - Not always fatal to suit, provided Court has understood the case of plaintiff and defendant and framed certain issues which in fact covers all the pleadings and contentious facts stated by plaintiff and defendant...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Non framing of an issue - Cannot be said to cause prejudice to the party when both parties have understood as to what are their cases and how they have to lead evidence, what burden is cast upon them and what they have to seek before the Court...........
Civil Procedure Code, 1908, Order 22, Rule 5, 10 -- L.R's - Setting aside abatement and impleading L.R's of sole appellant - Locus of person to be brought on record as legal representative of deceased is itself in question - Until and unless same is decided, Court cannot adjudicate any of petitions filed by proposed plaintiff - Directions issued...........
Indian Penal Code, 1860, Section 500 -- Defamation - Publication issued on behalf of accused to protect their interest in the property regarding which civil suit was already filed by accused against complainant - Complainant during pendency of civil suit in violation of injunction order sold eight plots, then, action of accused effecting publication regarding the same, is..........
Civil Procedure Code, 1908, Section 60(1) -- Execution - Attachment of salary - Exemption - Salary attached in execution of decree for money during period exceeding 24 months does not lose its nature or character and enjoys statutory exemption - Decree holder has no right over that part of amount exempted from attachment of salary and it does not form part of decree debt...........
Civil Procedure Code, 1908, Section 21 -- Jurisdiction - Objection - Merely because suit property is beyond the pecuniary jurisdiction of trial Court, same would have no bearing on the validity of judgment and decree passed by it, more particularly, when respondents failed to question the judgment and decree so passed on the ground that there has been prejudice on merits...........
Civil Procedure Code, 1908, Order 16, Rule 14 -- Court witness - A person can be summoned as a Court witness if he is not already called as a witness - A person who was examined as a witness on behalf of one of the parties cannot be summoned as a Court witness...........
Civil Procedure Code, 1908, Order 38, Rule 5, Transfer of Property Act, 1882, Section 52 -- Attachment before judgment - Transferee pendente lite - S.52 of T.P.Act would apply only in a suit wherein any right to immovable property is directly and specifically in question - If there is no application of S.52 of T.P. Act, in a suit, there cannot be any scope for impleadment..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - There is no provision anywhere in CPC for impleading the owner of property under attachment before judgment as a party to suit - Making the strangers/owners of property under attachment before judgment as additional defendants on application of plaintiffs would really amount to denying them..........
