Civil Procedure Code, 1908, Order 37, Rule 1 -- Recovery suit - Hand loan - Plaintiff successfully established that defendant had availed a hand loan of sum of Rs.34,000 and defendant failed to repay the same - Defendant though had taken a contention that it was in connection with chit transactions, he had executed demand promissory note and delivered to plaintiff, but he..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of appeal - Allowed - However, liberty not given to file fresh appeal on the same cause of action - Once withdrawal of appeal is permitted, Court to grant permission to file fresh appeal on the same cause of action...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit property on rent, damaged in fire - Restraining tenant from constructing/reconstructing/restoring or repairing suit property - Question as to whether even after damage, suit premises are in the same position in which they were let out to the defendant, is a fact/an issue which shall be decided..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Eviction suit - Son of original tenant sought impleadment after almost 6 years of filing of eviction suit - No date or month is mentioned in the application as to when applicant was aware of pendency of eviction proceedings - Vague and cryptic explanation given by applicant - Moreover, similar..........
Civil Procedure Code, 1908, Section 92, Order 1, Rule 9 -- Trust - Mis-joinder or no, joinder of parties - When property is owned by trust suit for recovery of property filed by trustees in interest of trust cannot be said to be barred by no, joinder of parties...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 41, Rule 27 -- Dismissal of suit for possession - Non-joinder of parties - Bar of second suit on principal of res judicata - Matter in issue, if it is one purely of fact, decided in the earlier proceedings by a competent Court, must in a subsequent litigation between the same parties be..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10, Civil Procedure Code, 1908, Order 9, Rule 13 -- Death of defendant during pendency of application to set aside ex parte decree - Property alienated during pendency of application to set aside ex parte decree - Impleadment of transferee pendente lite - High Court allowed impleadment..........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Non joinder or misjoinder of parties - No suit shall be dismissed for misjoinder or non joinder of parties and Court may in every suit deal with the matter in controversy so far as regrading the right and interest of the parties actually before it...........
Civil Procedure Code, 1908, Order 1, Rule 9, 13 -- Non joinder or misjoinder of parties - Objection to be taken at the earliest possible opportunity and in all cases where the issues are settled at or before such settlement unless the ground of objection subsequently arises and such objection if not taken shall be deemed to have been waived...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining defendants for causing any hindrance to performance of puja and other celebrations on suit property - Entire scope of application of temporary injunction is referred to acts of celebrating kalipuja and performing sports activities, which were of transient nature on face of it and could..........
