Civil Procedure Code, 1908, Order 23, Rule 1(4) -- Withdrawal of suit - Earlier suit filed by predecessor-i, interest of plaintiff withdrawn - Plaintiff who stepped into the shoes of his predecessor, could not maintain subsequent suit as his predecessor-i, interest herself was debarred from filing the suit in view of O.23.R.1(4) CPC...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Proceedings in an application for temporary injunction cannot be considered as independent proceedings, separate and distinct from proceedings in suit...........
Civil Procedure Code, 1908, Order 22, Rule 3, 10, Civil Procedure Code, 1908, Order 43, Rule 1, Civil Procedure Code, 1908, Section 96 -- Dismissal of application U.O.22.R.3 CPC - Miscellaneous appeal against dismissal of an application U.O.22.R.3 CPC is not maintainable...........
Hindu Marriage Act, 1955, Section 15, Civil Procedure Code, 1908, Order 23, Rule 1 -- Decree of divorce - Pendency of appeal - Second marriage - Application to withdraw appeal filed on 28.11.2011 and order of withdrawal passed on 20.12.2011 - Second marriage performed on 6.12.2011 i.e. after filing of application to withdraw appeal and before order of withdrawal was passed..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Order allowing withdrawal of suit - Order relates back to the date of filing application for withdrawal of suit...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Plaintiff has absolute right to withdraw his suit or abandon any part of his claim...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Appeal - Right to withdraw - O.23.R.1 CPC is applicable to appeals as well - Appellant has right to withdraw his appeal unconditionally and if he makes such an application to Court, it has to grant it...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Rejection of plaint and striking out name of parties - Once it is recognized that a probability exists for enquiry into the question whether a defendant is necessary or not in scheme of plaint as pleaded, the issue must be decided at trial and not in an application for..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Striking of parties name - Plaintiff alleged breach of obligation on part of defendant-directors, for failure to protect his invested interest in Mutual Funds - Plaint contained necessary elements of breach of tort of negligence and disclosed cause of action - Directors of company projected as skilled repositories of money..........
Civil Procedure Code, 1908, Order 6, Rule 1 -- Pleadings - Party is not expected to state provisions of law in its pleading...........
