Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 23, Rule 1A -- Transposition of defendants as plaintiffs can only be in the circumstances: (i) when plaintiff has withdrawn the suit or abandoned the suit and (ii) when defendant has substantial question of law to be decided against any other defendant...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - An order cannot be made the subject of an appeal under the garb of a review...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - While reviewing an order, Court or tribunal must be satisfied that there was an error apparent in its previous order, which warrants the exercise of its power to review...........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of First appellate Court - Non-framing of points of determination - If the disputed questions involved in the lis have been elaborately dealt with, judgment of first appellate Court cannot be set aside only for want of framing points for determination...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for cancellation of sale deeds - Plaintiff did not establish by cogent evidence regarding his status as that of an illiterate person so as to dislodge the sale deed and exercise of undue influence having not been proved - However, burden having been sufficiently discharged by defendant as regards due execution..........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Re-issue of Commissioner warrant - Advocate Commissioner was appointed on an application U.O.26.R.9 CPC and he has filed his report along with plan - He was not able to collect plan from revenue officials - Re-issue of Commissioner warrant would arise only if re-course is taken U.O.26.R.10 CPC - Considering issue involved in..........
Arbitration and Conciliation Act, 1996, Section 37, 34 -- Appeal - Arbitral award - Scope of S.37 of the Act is much more summary in nature and not like an ordinary civil appeal - Award as such cannot be touched unless it is contrary to the substantive provision of law any provision of the Act or the terms of agreement...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Merely because plaintiff does not choose to implead a person is not sufficient for rejection of an application for being impleaded...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - In exercising discretion U.O.1.R.10 CPC, Court will take into account the wishes of plaintiff before adding a third person as a defendant to his suit - However, if Court finds that addition of new defendant is necessary to enable it adjudicate effectively and completely the matter in controversy..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Where a person who claims interest by way of filing supporting documents and pleadings cannot be thrown out at the threshold - Application allowed...........
