Civil Procedure Code, 1908, Order 1, Rule 10 -- Necessary party only if there is right to the same relief against him in respect of the suit matter and his presence is necessary for effectual and complete adjudication of all the questions involved in the suit...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Grant of temporary injunction restraining the Decree Holder from executing the decree - Since initial presumption of prima facie title in favour of the Decree holder, it would not be proper for the Court to grant a temporary injunction ex-parte without giving the decree-holder an opportunity of being heard unless there are..........
Civil Procedure Code, 1908, Order 7, Rule 1 -- Company in liquidation - Suit should be instituted in the name and on behalf of the company and not in the liquidator...........
Civil Procedure Code, 1908, Order 6, Rule 1 -- A court, cannot under the law make out a new case not pleaded by the Party...........
Civil Procedure Code, 1908, Order 14, Rule 2, Civil Procedure Code, 1908, Order 7, Rule 1, 11 -- Issue with regard to court - fee and jurisdictio, Preliminary issue - Goes to the jurisdiction of Court to try the suit - Must be tried before recording evidence on other issues - Duty of Court to see whether suit properly valued for purposes of court - fee and proper court -..........
Civil Procedure Code, 1908, Order 21, Rule 2(1) -- The D.H. can inform the Court about payment or adjustment no limitation for him...........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Receiver - Injunction in favour of one of the parties - Appointment of receiver not prohibited - Receiver can be appointed at any time not only on the application of a party to the suit but also of one who is not a party to the suit but interested in the preservation of the property...........
Civil Procedure Code, 1908, Order 16, Rule 1 -- Suit fixed for arguments - Application should not be dismissed as filed at a late stage if good reasons assigned the application should be allowed...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Parties - Claim under Motor Vehicles Act - Financier of truck and driver - Not necessary parties - Where a claim for compensation is made against the owner of the truck which had dashed against a buffalow cart from behind on a road neither the driver nor the financier company was necessary party and the claim was not bad on..........
Civil Procedure Code, 1908, Section 47(1) -- Decree u/s 6 of Specific Relief Act - Can be challenged by a regular suit...........
