Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of intervenor - Petitioner unsuccessful in earlier suit, cannot again re-agitate the same issue by way of an application U.O.1.R.10 CPC - He is neither necessary nor proper party to lis - Intervenor has taken prevaricating stand - Application rightly rejected...........
Civil Procedure Code, 1908, Order 23, Rule 1(3), Civil Procedure Code, 1908, Order 1, Rule 9 -- Withdrawal of suit - Formal defect - Omission to implead a necessary party - Not a formal defect within meaning of O.23.R.1(3) CPC...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit - Formal defect - Mere statement by plaintiffs that there is formal defect in plaint and form of suit is not sufficient...........
Civil Procedure Code, 1908, Order 3, Rule 1, 2 -- Power of attorney holder - Right of principal to enter witness box is not lost, moreso when his evidence is not closed, even when power of attorney holder is examined as a witness, as power of attorney holder has a limited right to depose and he cannot be permitted to depose on behalf of the principal for the acts done by..........
Civil Procedure Code, 1908, Order 1, Rule 10, Succession Act, 1925, Section 372 -- Impleadment of a party - Proceeding u/s 372 of Succession Act - Person holding debts and securities - Not required to be impleaded as they are mere custodians of property...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Dispute between parties is only relating to cancellation of power of attorney - Petitioners who are beneficiaries and have purchased the property through sale deed executed by power of attorney holder cannot be said to be necessary party without whom suit cannot be decided - However, for complete..........
Civil Procedure Code, 1908, Order 11, Rule 1, Civil Procedure Code, 1908, Order 18, Rule 17 -- Interrogatories and recall of landlord for further examination - None of interrogatories relevant - If tenant had information about any property of landlord, he should have come up specifically in that regard instead of making fishing enquiries - Even, similar attempt is made in..........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Appointment of receiver - Words just and convenient appearing in O.40.R.1 CPC has to be understood in a manner what is actually right and just for protection of property...........
Civil Procedure Code, 1908, Section 151, Order 40, Rule 1 -- Ex parte appointment of receiver - Appointment of receiver was made keeping in mind protection of suit property - Defendants never found themselves convenient to submit their written objection - Even on the date scheduled for hearing, no adjournment petition was ever filed by defendants - Appointment of receiver..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Temporary injunction - Remedy for defendant is to file appeal - Writ petition not maintainable...........
