Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit challenging notice to remove encroachment allegedly made on public way - Third party are adjoining land owners and as a result of unauthorised construction raised by plaintiff, their right to access is affected - Applicants have existing cause of action against plaintiff and also have entitlement..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Can be filed even subsequent to the filing of the written statement, subject to the condition that cause of action for filing the counter claim should have accrued before the filing of the written statement...........
Civil Procedure Code, 1908, Order 12, Rule 6, Civil Procedure Code, 1908, Order 15, Rule 1 -- Consent decree - Appeal - Maintainability - Held, Sub-section (3) of S.96 of the Code enunciates a salutary principle of drawing to a close, once and for all, further litigation arising from out of a decree passed with the consent of the parties - The litigative zeal of the..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of suit - Earlier suit filed for injunction - Second suit filed for cancellation of sale deed on the ground that sale deed was executed by power of attorney after death of owner - Held, cause of action for the second suit is different to that of earlier suit - Suit for cancellation of sale deed is not barred by O.2.R.2..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Grant of - Respondent showing the possession of three biswas out of Khasra No.38/16/1, which was the subject matter of the suit filed by plaintiff, was with plaintiff and was lying vacant and of which the possession was not taken by the LAC and no compensation was paid to plaintiff - It could not be..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Land dispute between parties was settled by Consolidation Court - Once the order of Consolidation Court become final, any further proceeding or suit in respect of the same cause of action between the same parties or persons claiming rights through them is barred by S.49 of Consolidation Act..........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of documents - Provision of O.7.R.14 CPC mandates that the plaintiff has to produce the documents on which the cause of action is based...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - If allegations are vexatious and meritless and not disclosing clear right or material to sue, duty of trial Judge is to exercise power under O.7.R.11 CPC - And if clever drafting created illusion of cause of action, it should be nipped in bud at first hearing by examining parties under O.10 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Cause of action - It is bundle of facts which it is necessary for plaintiff to prove in order to succeed in suit - It must include some act done by defendant since in absence of such act no cause of action can possibly accrue...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for specific performance - Rejection of plaint upheld for the reasons of non compliance with provisions of O.7.Rr.11, 14(1) and 14(2) , Form Nos.47 & 48 in Appendix A of the Code which are statutory in nature not comlied and absence of any cause of action...........