Civil Procedure Code, 1908, Order 22, Rule 4, 9, Civil Procedure Code, 1908, Order 43, Rule 1(k) -- Abatement - Application to set aside - Dismissal - Appeal and not revision lies - Fact of composite application U.O.22.Rr.4 & 9 alongwith application u/s 5 Limitation Act is immaterial as fact remains that abatement of suit is automatic on failure to bring on record legal..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Leave obtained to withdraw suit with permission to file fresh suit on the same cause of action and on the same subject matter - Not open to plaintiff to file second suit with totally different cause of action and different subject matter by impleading other parties...........
Civil Procedure Code, 1908, Order 16, Rule 1 -- Witnesses - Summoning - At the stage when case was fixed for final arguments defendant sought summoning of a witness not named in list - Rejection of application is justified...........
Civil Procedure Code, 1908, Order 16, Rule 1 -- Defendant closed evidence himself - There is no question of permitting a witness to be examined on the date of hearing of final arguments...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleading of a party - Bona fide purchaser for value - Person having sold the property looses interest and it is the vendee who can look after his interest with greater care - Held, applicants are necessary party and allowed to be impleaded as defendants...........
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..........
