Civil Procedure Code, 1908, Order 12, Rule 1, 6 -- Comparison of the two rules - Provision of O.12.R.6 is wider than provision of O.12.R.1 as O.12.R.1 is limited to admission by pleading or otherwise in writing but in O.12.R.6 expression `or otherwise, whether orally or in writing' is much wider in view of the words used therein...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Plaintiff not found in possession - Still order of status quo passed - Court can pass an order of status quo and restraining alienation of property only when it comes to the conclusion that plaintiff is in possession and there is a threat of the property being sold - Impugned order set aside...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleading a party - Suit for specific performance - Two suits by two different persons qua same property and against same defendant - Plaintiff seeking his impleadment as a party in the second suit - Application dismissed - Held, proposed party must show some semblance of right and interest in the subject matter or a..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 1 -- Execution petition - Opportunity to file objections - First appeal filed by petitioners though has been filed beyond period of limitation, yet is accompanied by an application with a prayer for condonation of delay in filing the appeal - Execution proceedings already initiated - Permission sought to file..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim injunction - Grant of - Case of respondents in written statement that they are in separate possession of land in family arrangement - This fact has not been denied by filing replication - Respondents are claiming possession over suit land under family arrangement i.e. with the consent of petitioner..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 1, Rule 10 -- Amendment of plaint - Impleadment of necessary party - Maintainability - In initial suit for declaration defendant raising objection of non-joinder of necessary party - Still plaintiff not impleaded necessary party till expiry of 3 years - Later on, plaintiff`s application..........
Hindu Marriage Act, 1955, Section 13B, Civil Procedure Code, 1908, Order 3, Civil Procedure Code, 1908, Order 19, Rule 1 -- Petition for divorce by mutual consent - Trial court after recording statements on the first motion fixed a date after six months - On expiry of period of six months, husband did not appear in person as he had gone abroad for studies - His father..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Provision of O.8.R.1. providing time for filing written statement is directory in nature - In the instant case defence struck off due to non-filing of written statement within 90 days of their service - Service of all the defendants not complete - No effective proceedings have taken place after the passing..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Formal defect - Formal defect is a defect of form prescribed by rules of procedure viz mis-joinder of parties, of causes of action, non payment of proper court fee, failure to disclose cause of action etc...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Formal defect - Non description of suit property - Not a formal defect...........
