Civil Procedure Code, 1908, Order 1, Rule 10 -- Suit filed against dead person - Impleadment of LRs of deceased defendant - There is no bar for Court to add legal heirs of a defendant who was dead at the time of institution of suit, if such legal heirs are necessary parties for proper and effective adjudication and to avoid multiplicity of proceedings...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Suit filed against dead person - Impleadment of LRs of deceased defendant - Death of defendant prior to institution of suit does not make case void and ab initio and case can continue in presence of legal heirs of such sub deceased party...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Suit filed against dead person - Impleadment of LRs of deceased defendant - Suit filed against dead persons, defendant No.1 and defendant No.10, due to bona fide mistake - Plea that defendant No.1 transferred his property to defendant No.3, as such legal heirs of defendant No.1 has no interest in suit property - Case is at..........
Civil Procedure Code, 1908, Order 23, Rule 1(4) -- Withdrawal of suit without permission of Court - Plaintiff is precluded from filing a fresh suit on the same subject matter as the legislature has used the words `same subject matter' and not `same cause of action'...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of subsequent purchaser - Suit for specific performance - Plaintiff cannot be compelled to implead a person in suit for specific performance against his wish, more particularly with respect to a person against whom no relief is claimed by him - Applicant/subsequent purchaser cannot be impleaded as a defendant in..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Implementation - Police assistance can be provided even when ad interim injunction order is not made absolute - An ad interim order has the same force as any final order and a party cannot refuse to abide an ad interim order on the ground that the same is only an ad interim direction...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Implementation - Police assistance - Providing police assistance as Court prima facie coming to conclusion that ad interim injunction order is violated - If defendant is not violating ad interim injunction order then providing police assistance is nothing but an innocuous order and on..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within statutory period - Condonation of delay - No ground disclosed to condone delay - Extension of time will be allowed in exceptional circumstances occasioned by reasons beyond control of defendant - In absence of any explanation, no illegality in impugned order of Courts below in declining to..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Deletion of name of deceased plaintiff - Suit for eviction jointly filed by plaintiffs - Deceased died during pendency of suit - Application for deletion of name of plaintiff filed before lower appellate Court - Appeal still survives even after death of plaintiff - Name of deceased plaintiff therefore may be deleted from..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 1, Rule 10 -- Eviction - Impleadment of Necessary Party - In absence of any rent receipt or rent agreement, respondent no.3, can only be termed as stranger - Landlord is dominus litis and cannot be compelled to face litigation against stranger by impleading him as a party against..........
