Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file afresh suit on the same cause of action - Purpose of O.23.R.1(3) is not to allow parties to fill up lacuna - Formal defect and sufficient cause have to be culled out from the averments which are so made by applicant in an application filed under the said provision...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of widow of deceased defendant - Suit for demolition, permanent injunction and other consequential reliefs - Widow of deceased defendant is a necessary party, particularly when it was she who carried out the encroachment extension over suit property as alleged by plaintiff - Application for impleadment of widow..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Addition of parties is generally not a question of initial jurisdiction of Court but of a judicial discretion which has to be exercised in view of all facts and circumstances of a particular case...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - O.1.R.10(2) CPC, gives wide discretion to Court to meet every case of defect of parties and is not affected by inaction of plaintiff to bring necessary parties on record...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of Bank as a party - Suit for mandatory injunction - No dispute inter se bank and borrower - No relief sought against Bank - Cause of action disclosed in plaint is that plaintiff is owner of disputed property and defendant is its licensee who has not vacated despite termination of license - Relief of mandatory..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Necessary party - In suit for specific performance of agreement to sell, only validity and enforcement of agreement is to be seen - Contract is with respect to immoveable property, which has already been sold in public auction and sale certificate has been issued - Property was mortgaged with bank by promisor of agreement to..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading a party - Suit for declaration of title and setting aside sale deed in question - Respondent no.3 is neither a transferee nor does she have right to challenge the transfer, as she claims as an agreement purchaser - Presence of respondent no.3 is not even necessary to convey or pass on any title to any of parties to..........
Hindu Adoptions and Maintenance Act, 1956, Section 18, Civil Procedure Code, 1908, Order 1, Rule 10 -- Maintenance - Impleadment - Necessary party - Maintenance was fixed and created charge on land - Wife has challenged transfer deed executed by husband in favour of grand son of brother only to limited extent that she has a preferential right of maintenance - Exercise of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Three basic ingredients for granting ad interim injunction, namely, i) a prima facie case, ii) balance of convenience and iii) causing of irreparable loss in case of denial of ad interim injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Once petitioner himself was signatory to mutual settlement, he could not be permitted to turn around and say that said document cannot be read into evidence for purpose of granting ad interim injunction in their favour - Correctness of said agreement and also denial thereof by petitioner would be..........
