Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Pendente lite transferee - He is entitled to be impleaded in the suit or other proceedings...........
Civil Procedure Code, 1908, Order 6, Rule 1, Civil Procedure Code, 1908, Order 2, Rule 2, Transfer of Property Act, 1882, Section 53A -- Pleadings - Ground of previous recovery suit and part performance, were not pleaded by appellants-defendants in written statement - Held, if plea of S.53A of T.P. Act has been raised in ground of appeal, that will not cure defect and..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Subsequent purchaser - Impleadment - Suit for specific performance - A purchaser is a necessary party as he would be affected if he had purchased with or without notice of contract, but a person who claims adversely to claim of a vendor is, however, not a necessary party...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Subsequent purchasers - Impleadment - Suit for specific performance - When plaintiff wants to implead certain persons as defendants on the ground that they may be adversely affected by the outcome of suit, then interest of justice also requires allowing such a prayer for impleadment so that persons likely to be affected are..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Transposition of defendant as plaintiff - Original plaintiff ceases a party to the suit - It is in effect withdrawal and abandonment of a suit - Original plaintiff is precluded from instituting another suit for the same relief based on the same cause of action - Suit acquires character of another suit instituted by the..........
Civil Procedure Code, 1908, Order 7, Rule 11, Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13, 34, Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 1(4) -- Debt recovery proceedings - Jurisdiction of civil Court - Civil Court has no jurisdiction to entertain proceedings u/s 13 R/W..........
Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Issues - Plea of non framing of proper issues as per pleadings of parties - Issues were framed in the presence of Advocate and issues were read over and explained to parties - Framing of additional issue was not sought in the trial Court - Held, non framing of issue not fatal...........
Civil Procedure Code, 1908, Section 115, Order 16, Rule 1 -- Dismissal of application U.O.16.R.1 CPC - Revision thereagainst does not lie as such order does not qualify to be order which finally decides lis between parties...........
Civil Procedure Code, 1908, Order 16, Rule 1 -- Summoning of witnesses - Requirement of provision is that party filing the list of witness must briefly give the purpose for summoning the witness - In the absence of cogent reason for need of summoning the witnesses, application is liable to be dismissed on this ground alone...........
Civil Procedure Code, 1908, Order 16, Rule 1 -- Summoning of witnesses - Suit for declaration that information/communication ban is illegal and malafide with connected reliefs of damages and loss of reputation - Plaintiff failed to give any cogent reasons as to why senior officers of defendant are being summoned except stating that they are necessary to prove the case of..........
