Civil Procedure Code, 1908, Order 23, Rule 1, Civil Procedure Code, 1908, Order 22, Rule 4 -- Withdrawal of suit - Sole defendant - Suit filed against a dead person - Suit is a nullity - Substitution of his L.R's cannot be permitted - Trial Court by exercising its power allowed the withdrawal of suit as it was inhibited with `formal defect' - Held, order cannot be faulted..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining Municipal Corporation from demolition of suit structure - Plaintiff produced documentary evidence to prove authenticity of structure - However, trial Court did not properly consider documents produced on record and refused to grant injunction on the ground that plaintiff has no locus..........
H.P.Urban Rent Control Act, 1987,, Section 14, Civil Procedure Code, 1908, Order 1, Rule 9,10 -- Rent and eviction - All the co-owners in an eviction petition seeking eviction on the ground of reconstruction of building are necessary party - In case one co-owner is allowed to raise construction without consent of other co-owners by way of judicial order then legal rights..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Court can implead necessary parties at any stage of case despite the fact that plaintiff is dominus litis of his case...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Plaintiff is dominus-litius and is not bound to sue every possible adverse claim in the same suit and he may choose to implead only those persons as defendants against whom he wishes to proceed - However, Court at any stage of suit, may direct addition of parties - Question of impleadment of a party..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration that plaintiffs are in possession of land by virtue of their being Hissadar Shamlat - Petitioners while seeking their impleadment, have nowhere alleged that they are in possession of land as Hissadar Shamlat - Rather, admitted case of petitioners is that they had purchased the..........
Hindu Marriage Act, 1955, Section 1(2) -- Scope - Act applies to Hindus domiciled in India, even if they reside outside India...........
Hindu Marriage Act, 1955, Section 1(2) -- Scope - Husband stated to be citizen of Canada - However, objection/pleading relating to status as domicile of India or jurisdiction of Court has been raised by husband - In the absence of filing written statement by husband, it cannot be assumed that he was not a Hindu domiciled in India by origin and residing outside the..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Sought on factual aspects of the matter and merits of the case - No `mistake or error' apparent on the fact of record - Review petition is not maintainable...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Death of plaintiff during pendency of suit - One of the heirs already representing the deceased plaintiff - Defendant undertaking not to contest the issue regarding non maintainability of suit for want of impleadment of all the legal heirs of original plaintiff - No..........
