Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - Fraud - When fraud is alleged, plaintiff must set forth particulars of fraud which he alleges...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Respondent No.3 sought his impleadment on the basis of agreement to sell in his favour by respondent no.2 - It would be appropriate to implead respondent no.3 as a party to suit, so that he could put forth his objections to any partition and equities that would need to be worked out -..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of execution petition for filing the same before appropriate forum - Absence of express liberty in the order cannot affect the period of limitation while decree holder specifically made a prayer for withdrawal of execution case for filing before appropriate forum for want of jurisdiction...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for permanent injunction - Restraining Municipal Authority from demolishing gate alleged to be constructed on road exclusively owned by plaintiff - Plea that approach road caters to needs of other inhabitants of area - Without their presence before Court, issues involved in suit cannot be..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance, cancellation of sale deed executed by owner in favour of Respondent No.2 and suit for permanent injunction - Plaintiff ready and willing to make the balance payment and getting sale deed executed in his favour - Prima facie case is in favour of plaintiff - Plaintiff..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Suit filed against dead person - Impleadment of LRs of deceased defendant - Order allowing impleadment, upheld...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Extended from time to time - Revisional Court stayed all further proceedings of the suit till disposal of revisional application - Stay order cannot be construed to debar trial Court from taking up interlocutory applications as well - Trial Court directed to dispose of injunction application as..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - If a party is found to be either a necessary or proper party, Court would have jurisdiction to implead him, even against the wishes of plaintiff concerned...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of third party - Suit for specific performance - Court may exercise discretion in impleading a person who is a proper party upon an application by a non-party to suit for specific performance...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Necessary and proper party - A necessary party is a person in whose absence no effective decree could be passed at all by Court - Whereas a proper party is one who though not a necessary party is a person whose presence would enable Court to effectively and adequately adjudicate upon all matters in..........
