Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Power of review is available only when there is an error apparent on face of record and not on erroneous decision to be reheard and corrected - A review application cannot be allowed to be an "an appeal in disguise"...........
Civil Procedure Code, 1908, Section 115, Order 26, Rule 9 -- Local Commissioner - Dismissal of application - Revision thereagainst - Not maintainable...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plea by defendant that suit is grossly undervalued and Court fee paid is insufficient and sought postponing determination of temporary injunction application until the issue of undervaluation and proper court fee payable are decided - It would lead to grave injustice if defendant were permitted to..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading a party - Non impleading any other person as defendants against the wish of plaintiffs shall be at the risk of plaintiffs...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading a party - Subsequent purchasers - Not to be impleaded as party defendants in the application submitted by original defendants, that too against the wish of plaintiffs - Not impleading any other person as defendants against the wish of plaintiffs shall be at the risk of plaintiffs...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading a party - Plaintiffs are domius litis and nobody can be permitted to be impleaded as defendants against the wish of plaintiffs, unless Court suo motu directs to join any other person not party to suit for effective decree and/or for proper adjudication as per O.1.R.10 CPC...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 19, Rule 2 -- Temporary injunction - Cross examination of deponent at the stage of consideration of application for temporary injunction - These are not evidence affidavits - CPC vests discretion in the trial Court to cross examine deponent who has filed evidence affidavit - Such discretion..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar U.O.2.R.2 CPC - Provision applies only to suits instituted by plaintiff and it does not bar any defendant to file a subsequent suit even if he failed to file counter claim...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court is required to restrict its enquiry to averments made in plaint of suit and any reference to earlier plaint cannot be delved upon while adjudicating upon an application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Genuineness or otherwise of family settlement would be matter of trial which cannot be gone into and appreciated at this stage while deciding an application U.O.7.R.11 CPC...........
