Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - If a plea is not specifically made and yet it is covered by an issue by implication and parties knew that said plea was involved in the trial, then mere fact that plea was not expressly taken in the pleadings would not necessary disentitle a party from relying upon it if it is satisfactorily proved by evidence...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Impleadment of subsequent agreement holder - Plaintiff opposed to such application - Plaintiff who is dominus litis, cannot be forced to add parties against whom he does not want to fight unless there is a compulsion of rule of law - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - To grant or not to grant - It is discretionary power of Court - There is no right that inheres, in any party, to interim injunction - Superior Court may interfere, if Court acts arbitrarily or illegally or irregularly exercise its jurisdiction...........
Civil Law -- Where issue is one of interpretation, ordinarily, there is nothing irregular in a Court calling for a response from opposite party before taking a prima facie view...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Recovery suit - Proposed defendant was not a party to transaction in question between plaintiff and defendant - No privity of contract between plaintiff and proposed defendant - Proposed defendant cannot be construed to be a necessary party...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a necessary and proper party - Petition can be filed at any stage of proceedings and an opportunity is to be given to them, if they are directly affected by the result of suit...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Where plot owners welfare organization is representing on behalf of plot owners effectively, each individual plot owner need not come on record by way of filing impleadment applications, as they need not contest the matter independently - Order allowing impleadment application set aside...........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Non payment of part of sale price - Validity of sale deed - Payment of entire consideration was a condition precedent for transfer of proprietary rights in the suit property - This fact is clearly discernible from the recitals in Clause No.10 & 13 of sale deed - Execution of sale deed and its registration has not..........
Civil Procedure Code, 1908, Order 8, Rule 1, Delhi High Court (Original Side) Rules, 2018, Rule 3, 4 -- Chapter VII - Written statement - Filed within statutory period but without accompanying affidavit of admission/denial of documents, does not amount to non-est filing, since it cannot be said that nothing was filed at all - However it amounts to a defect that is required..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Suit for declaration of title based upon Will - Apprehension that defendants may create third party interest or alienate property since certain revenue records are said to have been made in their favour in respect of very same property - Defendants rightly restrained by appellate Court..........
