Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Mutual Wills - Two Wills executed by father and mother of plaintiff - Death of father - Prima facie possibility of two Wills being mutual Wills - Father gave his share in favour of his son and other daughter and mother's share was given to plaintiff daughter - Mother had also executed Will and bequeathed property in..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleading of a party - Life interest holder under a Will seeking relief of injunction restraining defendants in possession from alienating the property - Third party claiming to be real legatee under subsequent Will - Held, such third party is not necessary party as his presence is not required to decide question of..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of party - Suit for dissolution of partnership and accounting - Applicant mentioning that his sons are partners in business - Not claiming to be a partner himself - Held, applicant cannot be impleaded as party to the suit...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of party - Suit for dissolution of partnership and accounting - Applicant alleging to be a partner in business - Documents produced prima facie show that applicant was also partner in business - Different partnership deeds found regrading same business - Possibility of fraud or collusion regarding partnership..........
Consumer Protection Act, 1986, Section 14, Civil Procedure Code 1908, Order 1, Rule 10 -- Impleadment of necessary parties - Provisions of Order 1 Rule 10 CPC have not been made applicable to proceedings under the Act - It is for the Legislature to consider and to make a suitable provision for doing complete justice between the insured Doctor and Insurance Company in one..........
Civil Procedure Code, 1908, Order 23, Rule 1A, Civil Procedure Code, 1908, Order 1, Rule 10 -- Appeal - Transposing of respondent as appellant - Held, principles contained in O.23.R.1A and O.1.R.10 apply to the proceedings in appeal - A respondent in an appeal is entitled to seek himself to be transposed as an appellant, if he satisfies the conditions otherwise...........
Civil Procedure Code, 1908, Order 33, Rule 1 -- Permission to sue as an indigent person - `Sufficient means' - Fact of FDR in the sum of Rs.75, 000/- in her name not mentioned in the application - However, applicant in cross examination admitted FDR in her name but stated that same is in possession of her in-laws and that applicant approached Bank authorities for loan..........
Civil Procedure Code, 1908, Section 115, Order 33, Rule 1 -- Permission to sue as an indigent person - Does not amount to an irregularity in the exercise of jurisdiction by the trial Court - High Court not to interfere in revisional jurisdiction...........
Civil Procedure Code, 1908, Order 9, Rule 9, Civil Procedure Code, 1908, Order 43, Rule 1(c)(d) -- Restoration application - An appeal lies against an order dismissing for default or on merits an application U.O.9.R.9 CPC...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Trade mark - Passing off - An action for passing-off lies when the defendant company's name, or its intended, name, is calculated to deceive, and so to divert business from the plaintiff or to occasion a confusion between the two businesses - Where there is probability of confusion in business, an injunction will be..........
