Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Consent decree can be avoided by a party to a consent decree only through an application U.O.23.R.3-A CPC, whose consent has been obtained by coercion, undue influence, fraud, misrepresentation or mistake, as such consent cannot be termed as free consent and contract based on such consent becomes..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - U.O.1.R.10(2) CPC Court can implead any party at any stage even without an application, if it thinks, that his presence is necessary in order to effectively adjudicate the suit...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party at appellate stage - If applicant is able to show that he would be seriously prejudiced in case he is not impleaded as a party, even at the appellate stage, such impleadment should be allowed...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of subsequent purchaser - Petitioner purchased the property just prior to passing of judgment and decree of suit - He is thus, a purchaser pendente lite - Since petitioner has been able to show his substantial interest in the adjudication of the matter and he is going to be directly affected by any decision of..........
Civil Procedure Code, 1908, Order 21, Rule 26, 29 -- Stay of execution - Ex parte decree - Petitioners already filed a miscellaneous case U.O.9.R.13 CPC for setting aside ex parte decree - O.21.R.26 CPC not applicable - Moreover, no suit is pending between parties except said miscellaneous case - Petitioner had also not shown sufficient cause to stay execution case as such..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Introduction of facts within knowledge of defendants which were consciously suppressed in written statement and counter claim should not be allowed...........
Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - Convenience of wife has to be prioritized in a petition for transfer of case in matrimonial cases - Since petition for restitution of conjugal rights filed by wife is also pending before Family Court, Baikunthpur, divorce petition filed by husband thus, also transferred to Family Court, Baikunthpur -..........
Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - Convenience of wife has to be prioritized in a petition for transfer of case in matrimonial cases - Since petition for restitution of conjugal rights filed by wife is also pending before Family Court, Baikunthpur, divorce petition filed by husband thus, also transferred to Family Court, Baikunthpur -..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 10 -- Rejection of plaint - For determining whether plaint discloses any cause of action or not, Court has to see only averments in the plaint and accompanying document relied upon in the plaint and the fact elicited from plaintiff by examining him U.O.10 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 10 -- Rejection of plaint - For determining whether plaint discloses any cause of action or not, Court has to see only averments in the plaint and accompanying document relied upon in the plaint and the fact elicited from plaintiff by examining him U.O.10 CPC...........
