Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Plaintiff is dominus-litius and is not bound to sue every possible adverse claim in the same suit and he may choose to implead only those persons as defendants against whom he wishes to proceed - However, Court at any stage of suit, may direct addition of parties - Question of impleadment of a party..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration that plaintiffs are in possession of land by virtue of their being Hissadar Shamlat - Petitioners while seeking their impleadment, have nowhere alleged that they are in possession of land as Hissadar Shamlat - Rather, admitted case of petitioners is that they had purchased the..........
Civil Procedure Code, 1908, Order 6, Rule 16 -- Striking off plaint - Abuse of process of Court - Filing of successive suit, suppressing filing of earlier suit and grant of interim injunction - Amounts to gross abuse of process of Court - Plaint of second suit struck off...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Nothing stated that applicant had no knowledge of such additional evidence despite due diligence - No reason given for failure to produce document in trial Court which is sought to be produced in the Court of appeal - Moreover, there is no pleading regarding which additional evidence..........
Criminal Procedure Code, 1973, Section 203 -- Complaint - Dismissal by holding that dispute revolves round sale deed of alleged land of complainant for which complainant may initiate civil proceedings - As alleged sale deed has not been cancelled by any Court of competent jurisdiction, thus, no occasion arises to summon accused on any of offences - Complaint case rightly..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of limitation - Limitation is mixed question of fact and law - Said question is to be decided by Court only at time of trial - Plaint cannot be rejected on ground that it is barred by limitation...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 2 -- Rejection of plaint - Bar of O.2.R.2 CPC - Earlier suit for permanent injunction decided only in respect of possession - Subsequent suit filed for declaration, recovery of possession and mandatory injunction - Cause of action in both suits are different - Moreover, grounds of..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - High Court to decide second appeal only on questions framed - Jurisdiction of High Court to decide second appeal is confined only to questions framed - When High Court did not frame any question on question of remand, to trial Court a fortiori it had no jurisdiction deal with such..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Where the findings of two Courts below were not perverse to the extent that no judicial person could ever come to such conclusion and these findings neither were in conflict with law nor against pleadings or evidence, such findings were not capable of being set aside by High Court in exercise of its second..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Framing of substantial question of law is sine qua non for admitting second appeal - Unless question framed were debatable or/and arguable or/and involving any legal question High Court had no jurisdiction to formulate such questions treating them to be substantial question of law -..........
