Civil Procedure Code, 1908, Order 23, Rule 1(4), Indian Contract Act, 1872, Section 101 -- Withdrawl of suit at appellate stage - Interest of power of attorney - When there is power of attorney who may have any interest under Contract Act then plaintiff has no independent right thereafter to compromise the disputes with defendants - Therefore, plaintiffs cannot withdraw..........
Civil Procedure Code, 1908, Order 23, Rule 1(4) -- Withdrawal of suit at appellate stage - As per provision of O.23.R.1(4) CPC, consideration for grant of permission to withdraw the suit at the appellate stage are totally different than considerations which are available to the trial court...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17 -- Impleadment of LRs of deceased defendant - Maintainability of application - There is no bar for filing application U.O.1.R.10 CPC, even when application U.O.22.R.4 CPC was dismissed as not maintainable - Legal heirs of deceased person in such a matter can be added parties..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Transposition of defendant as plaintiff - Sole plaintiff died and suit abated - When suit has abated and is no longer pending, application for transposition of defendant as plaintiff is not maintainable...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Title to property can only be incidentally gone into in a suit for injunction and a detailed examination on question of title is normally not undertaken in a suit for injunction, more particularly in an application for temporary injunction - Since both the Courts have concurrently found plaintiffs..........
Civil Procedure Code, 1908, Order 33, Rule 1, 2, 6 -- Permission to file suit as an indigent person - Application cannot be allowed without issuing a clear notice to the opposite party...........
Civil Procedure Code, 1908, Order 33, Rule 1, 2, 6, Himachal Pradesh Tenancy and Land Reforms Act, 1972 - - Permission to file suit as an indigent person - Plaintiff physically disabled person - Plaintiff entitled to relief of non payment of Court fee in terms of the provisions of Himachal Pradesh Legal Services Authority Act, 1987 - Held, when application is filed U.O.33..........
Civil Procedure Code, 1908, Order 1, Rule 10, Himachal Pradesh Urban Rent Control Act, 1987, Section 2(d) -- Impleadment of a party - Eviction petition - Rent petition was filed somewhere in year 2011 and application for impleadment as a party was filed by present landlord only in the year 2017 - There is no cogent explanation as to what took landlord almost 6 years to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraint order cannot be passed against a person who is not party to the litigation...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 1, Rule 10 -- Temporary injunction - Restraint order passed against appellants whose application for impleadment was pending - Restraint order cannot be passed against a person who is not party to the litigation as it is against basic tenets of law besides gross violation of principles of..........
