Civil Procedure Code, 1908, Order 23, Rule 1(3)(a), (b) -- Withdrawal of suit - Expression `sufficient grounds' not restricted to formal defects or those analogous thereto appearing in O.23.R.1(3)(a) CPC...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file fresh suit - Lack of clarity in application cannot come in the way of plaintiff to get permission to file a fresh suit on self same subject matter or cause of action of suit already filed by her upon its withdrawal...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file fresh suit - Eviction suit - Agreement for tenancy was impounded by trial Court for insufficiency of stamp duty - Plaintiff seeking withdrawal of suit with liberty to file fresh suit on self same subject matter - However, trial Court refused to grant permission to plaintiff to file..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of party - Appellant cannot be impleaded as necessary party because purchased the land from Defendant No.1 during the pendency of the proceedings which have not attained finality - Appellant has expressed her ignorance of fundamental aspects of the suit - Therefore, principle of lis pendens applies as Appellant..........
Civil Procedure Code, 1908, Order 16, Rule 1 -- Summoning of witnesses - Divorce petition - Wife suffering from mental disorder - Husband filed application to summon doctors who examined wife on different dates - However, husband not mentioned name of doctors whom he wants to summon - Application rightly rejected...........
Civil Procedure Code, 1908, Order 1, Rule 10, Hindu Succession Act, 1956, Section 6 -- Impleadment of daughters - Partition suit - Father died in 1970 before amendment in S.6 of Hindu Succession Act - Daughters thus, had no right or legal interest in suit property - They are neither necessary nor a proper party in suit - Impugned order of impleading daughters in partition..........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Recovery of advance amount - Termination of tenancy - Tenant claiming advance amount of Rs.50,000/- from landlord - However, record reveals that rent of Rs.56,000/- was outstanding against tenant - Finding of trial Court that no amount was recoverable from landlord held, proper - No interference warranted in it...........
Civil Procedure Code, 1908, Order 37, Rule 1, Civil Procedure Code, 1908, Order 8, Rule 5 -- Recovery suit for loan amount - Undefended suit - Defendant never denied and in fact admitted the loan amount received from plaintiff in reply to letters issued by plaintiff - In fact defendant never denied the oral agreement executed between parties - However, defendant never came..........
Transfer of Property Act, 1882, Section 122, Civil Procedure Code, 1908, Order 8, Rule 1, Civil Procedure Code, 1908, Order 41, Rule 24 -- Gift - Photocopy of Gift Deed adduced into evidence and marked, as original Gift Deed was not available at time of adducing evidence - Defendant No.1 submitted Gift Deed on date of arguments - Held, according to Gift Deed Defendant No.1..........
Industrial Disputes Act, 1947, Section 10(4), Civil Procedure Code, 1908, Order 1, Rule 10 -- Industrial Dispute - Reference of dispute to Tribunal - Impleadment of parent company - Where in a subsidiary company, which is an independent corporate entity, if any other company is holding shares, that by itself is no ground to order impleadment of parent company per se...........
