Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file afresh suit - Suit for injunction - Affidavit filed by plaintiff discloses that formal defect in suit is unworkable prayer and sufficient grounds are shown that plaintiff purchased the property from defendant - There is thus, necessity for seeking declaration of title and relief of..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement to counter claim - Not filed within 30 days - Extension of time has to be sought by filing an application - Written statement filed beyond 30 days without objection by defendant - Does not absolve Court of its duty to record reasons in writing for receiving written statement beyond 30 days - Negligence of..........
Civil Procedure Code, 1908, Order 43, Rule 1, Civil Procedure Code, 1908, Order 9, Rule 13 -- Appeal - When an application U.O.9.R.13 CPC is dismissed, defendant can prefer appeal in terms of O.43.R.1 CPC - Once such an appeal is dismissed, appellant cannot raise the same contention in first appeal...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file fresh suit - Order allowing withdrawal of suit without there being specific mention of the fact of granting liberty to plaintiff to file a fresh suit - Plaintiff in his statement clearly stated that he wants to withdraw the suit with liberty to file fresh suit - Statement of..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - If any third party has direct interest in property for which decree of specific performance is being sought, then Court ought to liberally permit him to be impleaded as a party to suit - In such situation, it would be appropriate to avoid multiplicity of litigation - In..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining dispossession - Agreement to sell - Plea of possession in pursuance of agreement to sell - Agreement itself stipulates that agreement to sell is entered into without handing over possession to plaintiff - Plaintiff failed to establish prima facie case - Balance of convenience also not in..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 41, Rule 20 -- Temporary injunction - Declined - Appeal against - Appeal filed against some of the defendants - Allegations against all the defendants in order to justify grant of temporary injunction - Grounds of appeal directly concern defendants in the pending suit who have not been made..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of decree holder (DH) - Substitution of son of DH - Petitioner along with his all brothers and sisters have received the notices under execution proceedings but they never came forward to get themselves substituted/impleaded in execution proceedings - Petitioner was thus,..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Objection as to maintainability of suit can always be raised while contesting the issue pertaining to prima facie case - Trial Court to deal with the objection while deciding application for ad interim injunction...........
Family Courts Act, 1984, Section 10, Civil Procedure Code, 1908, Order 3, Rule 1 -- Family Court - Duty bound to follow the Code of Civil Procedure as it is deemed to be a Civil Court for the purposes of provisions of the Act and possesses the powers of a Civil Court...........