Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Non filing within time - Period stipulated in O.8.R.1 CPC is not mandatory and application filed belatedly shall be considered based on reasons stipulated in affidavit - Defendant allowed to file written statement subject to payment of cost of Rs.10,000/-...........
Civil Procedure Code, 1908, Order 23, Rule 1(4)(b) -- Withdrawal of suit - Without liberty to file fresh suit on same cause of action - Subsequent suit on same cause of action on which earlier suit was dismissed - Not maintainable...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Rehearing of matter is impermissible in the grab of review - Review application do not satisfy contours of entertaining review petition - Review petition dismissed...........
Civil Procedure Code, 1908, Order 17, Rule 1 -- Adjournment - Engagement of a new counsel does not give a right to a party to stall proceedings of case...........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- False averment in plaint - Suit not liable to be dismissed...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Ground taken in review application virtually constitutes an attempt to re-argue the matter which cannot be done in the garb of review...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Powers of review cannot be exercised as an inherent power nor can an appellate power can be exercised in the guise of power of review...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Restraining defendants from releasing film - Injunction action can be initiated even after a certificate is issued under Cinematograph Act, as film which is defamatory or indecent or breaches copyright cannot be allowed to be exhibited only because a certificate has been issued...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Restraining defendants from releasing film - There are no materials disclosed or even pleadings to show even prima facie that plaintiff was a family member or a near relative of `G' on the life of which film was based - Contention of plaintiff is that story of `G' sought to be depicted is untrue, is..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within statutory period - Striking off defence - Sufficient opportunities were granted by trial Court to defendant to file its written statement - However, defendant chose not to appear before trial Court - Though defence of defendant rightly struck off by trial Court, but since defendant is a..........
