Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of transferee pendente lite - Suit for specific performance - Presence of transferee pendente lite is necessary in suit as he will be bound by decree passed therein - Transferee pendente lite is also a proper party, as their presence is also required in the suit for protection of their interest in the event of any..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within statutory period - Striking off defence - Defendants availed at least three effective opportunities to file written statement so as to contest the suit - However, said opportunities were not availed by defendants - Difficult in getting records and translating them in Court language, would..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiffs though assert themselves to be owners in possession of suit property for last 37 years, but however, not even a single document has come on record to substantiate the plea of ownership or possession - In fact, plaintiffs now admit possession of defendants over suit property - Application..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Eviction suit - Petitioners sought their impleadment on the ground that they have right in the suit premises - However, nothing on record to substantiate claim of petitioners that they are co-owners of property - Stand of tenants is the same as that of petitioners, which indicates that petitioners..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for partition and injunction - Petitioner having possession cannot intermeddle in the suit for partition - Moreover petitioner cannot claim any sort of right on the basis of an agreement which is prima facie not properly stamped and unregistered - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff in possession as per Revenue Record - Mere pendency of application for correction of revenue record is not sufficient to deny relief of injunction to plaintiff - Relief of injunction rightly granted...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff is in uninterrupted possession of property as per revenue record - Merely because defendants do not admit possession of plaintiff and claim to be in possession, is not sufficient to deny relief of temporary injunction particularly in absence of evidence to prove that defendants are in..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Extension of period of limitation for filing written statement - High Court has not committed any error in extending period of limitation in filing written statement, as period of limitation which could have been extended and/or condoned by Tribunal/Court is excluded and/or extended up to 7.10.2021 as per..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within statutory period - Commercial suit - Period upto which delay could be condoned was 120 days and not beyond that - Filing of written statement by defendant after 128 days, held not accepted - Order permitting defendant to file written statement quashed and set aside...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to institute fresh suit for same cause of action - Inability to secure necessary evidence by plaintiff - Not the right ground to withdraw suit with liberty to file a fresh suit for same cause of action...........
