Civil Procedure Code, 1908, Section 152, Order 1, Rule 10 -- Transposition of defendant as plaintiff after decretal of suit - Not permissible - As per S.152 CPC only the clerical or arithmetical mistakes in judgments, decrees or orders or errors arising therein from the accidental slip or omission can be corrected by Court either of its own motion or on the application of..........
Civil Procedure Code, 1908, Order 18, Rule 4, Civil Procedure Code, 1908, Order 13, Rule 1 -- Document filed along with affidavit - Only such documents can be filed along with affidavit of witnesses which are for refreshing the memory of witness or for the purpose of cross examination...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit - Permission to grant leave to withdraw suit is discretion of Court - While exercising discretion Court is expected to see that one of conditions laid down in O.23.R.1(3) CPC is satisfied - Court is also expected to see that other side is not unnecessarily harassed and due to technical defect justice is..........
Civil Procedure Code, 1908, Order 23, Rule 1(3)(b) -- Withdrawal of suit - Term `sufficient grounds' in O.23.R.1(3)(b) CPC needs to be liberally interpreted - Discretion given under provision needs to be used for ends of justice - When such discretion is used by giving reasons, Court exercising revisional power is not expected to interfere in order of trial Court...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1 -- Ad interim injunction - Implementation - Police protection - Application be dealt with expeditiously and should not be adjourned to longer dates - In case an application for vacating ad interim injunction is pending then both the applications be disposed of simultaneously...........
Civil Procedure Code, 1908, Order 6, Rule 1 -- Proof beyond pleading - Not permissible...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from interfering with possession of plaintiff - Defendant claiming to be in possession of property under an unregistered agreement of sale - Said agreement of sale shall have no effect for purpose of S.53-A of T.P.Act - Plaintiff on the other hand produced registered sale deed..........
Civil Procedure Code, 1908, Order 1, Rule 10, Transfer of Property Act, 1882, Section 52 -- Impleadment of subsequent purchaser - Suit for Specific performance - Subsequent purchaser prima facie have no knowledge either of pendency of suit or passing of decree in favour of respondent No.1 - Sale deed in favour of subsequent purchaser does not automatically become void or..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - Inconsistent pleadings of parties can be given consistency by Court with reference to admitted facts...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Subsequent purchaser - Does not get any right to be impleaded as a party...........
