Civil Procedure Code, 1908, Order 16, Rule 1(3) -- Summoning of witnesses - Application rejected on ground that liberty had been given to petitioner to produce his witnesses, which he failed to produce despite opportunity - Witness a doctor, not willing to appear without summons - Duty of Court is to summon such witness - Impugned order set aside...........
Civil Procedure Code, 1908, Order 37, Rule 1, 3 -- Suit for recovery on a document - Leave to defend - Dispute whether document is a guarantee bond or merely an indemnity bond - Court required to consider the nature and meaning of the document - Held, this in itself is sufficient to grant leave to defend...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit at appellate stage - Appeal against dismissal of suit by trial Court - Since withdrawal will have effect of destroying or nullifying decree effecting thereby rights of parties which came to be vested under decree as such the same cannot be permitted at appellate stage...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Consenting order - Suit allowed to be withdrawn as counsel for respondents is stated to have no objection if suit is permitted to be withdrawn - Held, this does not amount to express consent given by the party as, such an expression of passive silence does not amount to according consent...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 1, Rule 10 -- Plaint - Amendment - Addition of a party - No prejudice would be suffered by defendant if name of another defendant is allowed to be added by way of amendment - Amendment rightly allowed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction order obtained by defendant against plaintiff - Withdrawal of suit by plaintiff - Order of injunction came to an end and is not executable...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interlocutory/temporary order - Can operate only during pendency of suit unless it is altered or modified by competent Court...........
Civil Procedure Code, 1908, Order 1, Rule 10(2), Civil Procedure Code, 1908, Order 21, Rule 11 -- Execution - Impleading of a party - There is no bar to implead a person who has got an interest even in the execution proceedings...........
Civil Procedure Code, 1908, Order 37, Rule 1(2) -- Summary suit - Leave to defend - At this stage Court to examine about real or sham plea and whether allegations if established would be a good defence - Facts alleged, whether true or not, can be considered during trial after the leave is granted...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining defendant from alienating suit land - Defendant widow of deceased has right of natural succession to her husband's property - Brother's sons of her husband cannot lay their claim unless any legal deviation from succession is proved - Defendant cannot be restrained from alienating her..........
