Civil Procedure Code, 1908, Order 22, Rule 10, Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of assignee - Original plaintiff assigned his rights and interest in land in favour of assignee - Assignee thus, had a vital interest in the suit and had a right to continue suit - Issue whether original plaintiff had authorized respondent No.3 to sell land and..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r), Civil Procedure Code, 1908, Section 104(1)(i), Constitution of India, 1950, Article 227 -- Temporary injunction - Revision under Art.227 Constitution of India thereagainst - Remedy of appeal is provided U.O.43.R.1(r) and S.104(1)(i) against an order of temporary injunction -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 3A -- Temporary injunction - Disposal of injunction application within 30 days - Trial Court without granting an ex parte order of injunction, choose to allow opposite parties to file counter affidavits along with documents and then heard opposite parties before allowing injunction application - High Court observed that..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit at appellate stage - Plaintiff has no unqualified or unfettered right in terms of O.23.R.1 CPC to withdraw suit at appellate stage unless a very strong case is shown that it would not affect or prejudice anybody's vested rights...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit at appellate stage - Suit of plaintiff dismissed U.O.17.R.3 CPC - Appeal against same also dismissed - Withdrawal of suit sought at the stage of second appeal - Prejudice will certainly be caused to defendants as in the filing of fresh suit, they would be deprived of their plea of res judicata and valuable..........
Insolvency and Bankruptcy Code, 2016, Section 1 - - Date of coming into force of Code does not and cannot form a trigger point of limitation for applications filed under the Code...........
Civil Procedure Code, 1908, Order 14, Rule 1, 2, Himachal Pradesh Urban Rent Control Act, 1987, Section 26 -- Execution petition - Striking of issue - Maintainability - No necessity for executing Court to go beyond mandate of compromise decree nor executing Court was enjoined to strike any issues vis-a-vis readiness or willingness or otherwise of each of contesting..........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - Suit for declaration and injunction - Defendants not admitted the case of plaintiff in toto - Pleadings disputed by defendants by filing written statement and additional written statement - Ingredients of O.18.R.1 CPC not satisfied - Plaintiffs have to discharge burden of proof of facts alleged in the plaint..........
Civil Procedure Code, 1908, Order 1, Rule 10, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Impleadment of party - Dismissal of application - Eviction petition - Application U.O.1.R.10 CPC filed after four years of filing of eviction petition against their brother/proforma respondent which itself speaks volumes about their act and conduct that they..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 1, Rule 10 -- Amendment of plaint and impleadment of a party - Application filed belatedly - Application allowed to ensure that in the eventuality of suit being decreed, plaintiff does not become vulnerable to another round of litigation at the stage of execution - Application allowed subject..........
