Civil Procedure Code, 1908, Order 1, Rule 8(2) -- Representative suit - Notice of institution of suit - Personal service has to be resorted to at first instance or whereby due to reasons of number of persons or any other cause such service is not reasonably practicable, then by means of public advertisement such persons can be served...........
Civil Procedure Code, 1908, Order 1, Rule 8(2) -- Representative suit - Notice of institution of suit - Suit land is situated in three different villages - Though munadi is effected - However, nothing brought on record as to whether munadi was conducted in different villages or defendants as shown in plaint are really residents of those villagers in which they have been..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Deletion of defendant Nos.4 and 5 as parties to suit - Cause of action pleaded against defendants No.4 & 5 - Plaintiff sought a decree against defendants No.4 & 5 - Order as to deletion of defendant Nos.4 & 5 set aside...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Exchange of land - Mutation on the basis thereof - Exchange of land challenged on the ground of fraud - It requires investigation and this fact can only be ascertained after evidence of parties - At this stage defendants No.1 to 3 are owner-i, possesosn of suit land and as such, plea of plaintiff..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within extended period of 120 days - Defendant forfeits his right to file written statement...........
Civil Procedure Code, 1908, Order 17, Rule 1 -- Closure of right of defendant to cross-examine plaintiff and PWs - Various opportunities were given to cross-examine witnesses to defendants, but on one ground or other, defendants sought adjournments - Even last opportunity given to defendant with costs also closed - Court proceeded ex parte against defendant no.2 and her..........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary party - Suit for declaration, permanent and mandatory injunction - Ownership of erstwhile owner of property stood extinguished automatically by coming into force of H.P. Tenancy and Land Reforms Act and it was defendant being tenant who was owner thereof - He is thus, not owner of property on the date..........
Civil Procedure Code, 1908, Order 3, Rule 1, 2 -- Power of attorney holder - Hand loan - Recovery suit - PW1/power of attorney holder of plaintiff is admittedly father of plaintiff - He had full personal knowledge of entire loan transaction, as loan transaction is routed through him and he was present during course of transaction - Merely because PW1 is a special Power of..........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Recovery suit - Hand loan - Alteration of year of promissory note in legal notice - Merely because there is an alteration in the year of Promissory note in legal notice, by itself cannot be concluded that there was no such loan transaction - Wrong mentioning of year in legal notice was purely due to typographical error and..........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Recovery suit - Hand loan - Objection of defendant that he never met plaintiff - When approach to loaner/plaintiff by defendant/loanee was through PW1 and it was PW1 who handed over said cash amount on behalf of plaintiff to defendant in house of defendant, no, meeting of plaintiff and defendant in person would not imbibe any..........
