Civil Procedure Code, 1908, Order 47, Rule 1 -- A party who has not appealed from a decree or order may apply for review of the judgment irrespective of the pendency of an appeal filed by some other party - Circumstances where such an application would not be maintainable are (i) Where the ground raised in the appeal by the other party is common to the ground raised by the..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Subsequent filing of an appeal by a co-party would not ipso facto take away the jurisdiction of the lower Court to consider and dispose of the review, unless that Court had information that the appeal has been disposed of - If the disposal is on merits, the principle of merger may apply - If the review petition was..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- 'Formal defect' - Means a defect which does not affect the merits of the case whether such defect is fatal to the suit or not - Formal defect includes instances like misjoinder of parties or of the matters in suit, rejection of material document for not having a proper stamp and the erroneous valuation of the subject..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit at appellate stage - Appellate Court has power in appropriate cases to grant permission to withdraw the suit with liberty to file fresh suit...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Three tests are (i) Prima facie case (ii) Balance of convenience (iii) Irreparably injury - If one of such tests is not satisfied, Court is well within its jurisdiction to refuse injunction...........
Civil Procedure Code, 1908, Order 30, Rule 1, 4 -- Suit against partnership firm and its partners for recovery of money - One of the partners died during pendency of suit but his L.R's not brought on record - Suit does not abate in its entirety - Decree can be passed against assets of partnership firm belonging to all partners including the share of the deceased partner..........
Civil Procedure Code, 1908, Order 30, Rule 1, 4 -- Liability of guarantor - Suit for money against partnership firm and its partners - One of the partners died during pendency of suit but his L.R's not brought on record - Guarantor cannot claim that the security given by him gets discharged because of non-impleadment of L.R's of the deceased partner - Decree can be passed..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Application for review without copy of the order or judgment to be reviwed is competent - Affidavit should accompany in case of discovery of new and important matter of evidence or any other sufficient reason - Affidavit is not required to be filed if application is filed on the ground of error apparent on the face..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Suit between landlord and tenant - In that suit only their rights are to be determined on the basis of contract of tenancy - A third person claiming to be a owner or co-owner cannot be permitted to be added as a party...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Restraining Committee from demolishing until allegation of encroachment complained of by adjacent site owner is established and decree for vacating alleged encroachment is obtained - Held, authority cannot proceed with demolition of construction unless substantial question with regard to encroachment has been decided by..........
