Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession - Encroachment by defendant - Lower Appellate Court after appreciating facts and evidence on record, not only relied upon tatima, but also considered report of Local Commissioner appointed came to conclusion that defendants encroached upon land of plaintiffs - Report of Local Commissioner which..........
Civil Procedure Code, 1908, Order 32, Rule 1 -- Minor - A person who takes steps in a suit on behalf of a minor, automatically constitutes himself the next friend of minor - An order of Court, as in the case of a guardian ad litem for a minor defendant, is not necessary for that purpose - To be more precisely, a person filing suit as next friend of minor takes up..........
Civil Procedure Code, 1908, Order 32, Rule 1 -- Minor - Next friend or guardian ad litem - Appointment by Court is limited to that legal proceedings and beyond - The mandates in the personal law regarding competency of a natural guardian or a legal guardian or a defacto guardian are in the realm of private dealings in respect of minor's property - Personal law principles..........
Civil Procedure Code, 1908, Section 10 -- Stay of suit - S.10 applies to suit instituted in civil suit - A writ proceeding before High Court cannot be equated with the proceedings before a civil Court as jurisdiction of High Court exercising its writ power is not the Courts of concurrent jurisdiction of civil Court...........
Civil Procedure Code, 1908, Section 10 -- Stay of suit - If the issue relating to maintainability of suit in question is hit by S.10 of CPC and the said issue is taken up as preliminary issue to be decided, in that case if it is found correct, Court has only to stay proceeding of second suit, but the Court cannot dismiss second suit as a whole until first suit is decided...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - Suit contains two prayers, one relating to determination of title and ownership and another for setting aside Board proceedings - Held, as Extra Assistant Commissioner is necessary party for setting aside and quashing Board proceedings thus, for an effective and complete adjudication of title suit,..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Preliminary decree - Partition suit - Oral partition between parties already taken place as per defendant No.2 - However, no documents on record to prove factum of oral partition - Even otherwise, admission made by DW2 that there is no oral partition, is on record - Since defendant No.2 pleaded oral partition,..........
Civil Procedure Code, 1908, Order 17, Rule 1 -- Adjournment - Sought on ground of illness - Grant of adjournment without proof of illness - Order granting adjournment, set aside...........
Civil Procedure Code, 1908, Order 17, Rule 1 -- Adjournment - Not to be granted on the mere asking but on "justifiable cause" which means "sufficient cause" - Sufficient cause is something which is beyond the control of the party seeking adjournment - Advocate busy in another Court is not a circumstances which is beyond the control of such party...........
Constitution of India, 1950, Article 300A -- Right to property - To hold that one would suffer a civil death and be deprived of his property on entering into Holy Order would be naked infringement of Art.300-A of the Constitution...........
