Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading a party - Suit for declaration of title and setting aside sale deed in question - Respondent no.3 is neither a transferee nor does she have right to challenge the transfer, as she claims as an agreement purchaser - Presence of respondent no.3 is not even necessary to convey or pass on any title to any of parties to..........
Civil Procedure Code, 1908, Section 2(12) -- Mesne profits - Reduction of - Amount already paid for the period in question i.e a sum of Rs.1,83,00,000 as mesne profit including interest thereon should suffice and no further amount is to be paid - Lump sum amount is sufficient to discharge the liability and bank guarantee for remaining amount shall stand discharged...........
Civil Procedure Code, 1908, Section 151 -- Recall of an order - Rent and eviction - Absence of counsel - Denying opportunity of cross-examination - Ground for rejection of recall application was that unnecessary harassment to witnesses and absence of counsel who was travelling abroad - Right of cross-examination of material evidence on which fate of eviction petition..........
Hindu Adoptions and Maintenance Act, 1956, Section 18, Civil Procedure Code, 1908, Order 1, Rule 10 -- Maintenance - Impleadment - Necessary party - Maintenance was fixed and created charge on land - Wife has challenged transfer deed executed by husband in favour of grand son of brother only to limited extent that she has a preferential right of maintenance - Exercise of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Three basic ingredients for granting ad interim injunction, namely, i) a prima facie case, ii) balance of convenience and iii) causing of irreparable loss in case of denial of ad interim injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Once petitioner himself was signatory to mutual settlement, he could not be permitted to turn around and say that said document cannot be read into evidence for purpose of granting ad interim injunction in their favour - Correctness of said agreement and also denial thereof by petitioner would be..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of affidavit - Affidavit is not pleading within definition of O.6.R.1 CPC - Amendment of affidavit is not permissible - However, petitioner is entitled to file an appropriate affidavit or additional affidavit after obtaining leave of Court...........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of appellate Court - Has to state the reasons for the decision - Absence of analysis not only evinces no, application of mind but mummifies the core spirit of judgment - In the instant case, High Court while affirming the judgment of trial Court, has really not ascribed any reason - There has been no analysis of..........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Auction sale - Setting aside - Irregularities and infirmities - Applicant has to satisfy Court that he has suffered substantial injuries by such lacunae in the procedure, and Court is also required to record its satisfaction that applicant has sustained substantial injuries on account of such irregularities or lapses...........
Civil Procedure Code, 1908, Order 21, Rule 84 -- Auction sale - Deposit of 25% of purchase money - Payment by cheque - No irregularity, much less irregularity - Entire proceedings cannot be set at naught...........
