Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of party - Applicant being purchaser of suit property at the time when no proceeding was pending between the parties - Proceedings have been initiated subsequently - Held, applicant is certainly necessary party to litigation - Impleadment application allowed...........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 1 -- Restoration of suit dismissed as withdrawn in view of compromise and statement of plaintiff - Withdrawal of suit was unconditional - Moreover, if any amount had to be paid under the compromise, the petitioners would not have waited for two years to file the restoration application - There would also have been..........
Civil Procedure Code, 1908, Order 1, Rule 1, 3, Civil Procedure Code, 1908, Order 2, Rule 3 -- Joint trial - Circumstances requisite to allow joint-trial are (1) A common question of law or common question of fact must arise from all such suits and (2) In all such suits, the right to relief must be in respect of or arising out of same act or transaction or same series of..........
Civil Procedure Code, 1908, Order 23, Rule 1, Constitution of India, 1950, Article 226 -- Partition proceedings - Writ petition - Maintainability - Held, once the petitioners had invoked the alternative remedy of filing a civil suit to challenge the instrument of partition, they can not be heard in a writ petition once they had not succeeded in Civil Court and permitted to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 40, Rule 1(S - - Preliminary issue of jurisdiction - If objection to the jurisdiction is raised by the defendants at the time of hearing of the Application for temporary injunction or application for appointment of Court Receiver, it is duty of Court to decide the said objection after..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file fresh on same cause of action - Permissibility - Plaintiffs have taken very vague and general plea regarding false documents without specifying the documents - Alleged false documents including ex parte decrees were traced at the time of filing of affidavit of petitioner in evidence..........
Constitution of India, 1950, Article 226, Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of petition - Second petition for same relief - Tenability - Withdrawal of earlier writ petition acknowledging the fact that grievance made by RDS regarding rejection of its bid had been rendered infructuous as the works in question remained available for allotment in a..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Notice issued calling objections from defendant prior to granting any injunction order - No illegality or infirmity in the order - Trial Court to decide application in accordance with law expeditiously...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 4 -- Impleadment - Suo motto exercise of power by Court - Parties are locked in horns fighting bitterly - Held, Court suo motu directed impleadment to ensure that the case is not knocked off on a needless technical plea - Indeed the rules of procedure applicable in Courts of Punjab and..........
Arbitration and Conciliation Act, 1996, Section 34, Civil Procedure Code, 1908, Order 14, Rule 1 -- Arbitration award - Objections - Framing of issues - (i) Not mandatory to frame issues; (ii) Court if finds necessary can frame issues; (iii) Parties not to be allowed to lead evidence as in a regular civil suit; (iv) If Court finds that on certain question of fact or on..........
