Civil Proceedings -- Practice and procedure - Vakalathnama - Counsel cannot carry legal proceedings in his own name in a case instituted by his client - He cannot replace or supplant his client - However, if counsel is aggrieved and even in a cause imitated by his client, if he has an independent cause of action, he can sue in his own name. (Civil Rules of Practice, 1971,..........
Civil Proceedings -- Practice and procedure - Defective presentation of vakalath - Where registry refused to register or number a case because of defect in case presentation, that refusal can be challenged by party alone - However, if defect concerns any shortcoming on counsel`s part, he can maintain an independent cause...........
Civil Procedure Code, 1908, Order 37, Rule 4 -- Summary suit for recovery - Ex parte decree - Setting aside - Defendant was duly served in the suit and inspite of same defendant failed to appear - There were as many as three attempts made to serve defendant - Defendant is not justified in contending that report of postal department can also be forged on the registered..........
Civil Procedure Code, 1908, Order 41, Rule 33 -- Non-framing of points of determination by Lower Appellate Court - Amounts to violation of provisions of O.41.R.33 CPC, as framing of points of determination is mandatory - Impugned order of lower Appellate Court set aside - Matter remitted back to Lower Appellate court for reconsidering matter after framing points of..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Maintainability - Appeal preferred against judgment and not against decree - Date of decree relates back to date of judgment - Time for computation of limitation for filing appeal commences to run from date of judgment and not from date of decree - Memo of appeal stating that appeal is preferred against judgment..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Quashing of proceedings - Cheating - Forged Will - Matter is sub judice in Civil Court regarding genuineness of disputed Will - Institution of criminal proceedings therefore, on the allegation that Will is forged one would be abuse of process of law - Criminal proceedings..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant not properly served - Specific plea of defendant that he was not even residing at the address given when he was sought to be served - In that situation, heavy onus was on plaintiff to prove signatures of defendant on the notice issued by trial Court, which failed to do..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - An issue which is not raised as per pleadings does not raise a substantial question of law u/s 100 CPC...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Suit for mandatory injunction filed by father-i, law against daughter-i, law - Father-i, law proved to be owner of suit property - Daughter-i, law thus, has no right to reside in suit property which is owned by her father-i, law - Suit rightly decreed - Second appeal dismissed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Specific cause of action against defendant already pleaded in the plaint - Amendment will not change nature and character of suit nor the same would introduce a new cause of action - Order allowing amendment, upheld...........
