Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of plaintiff during pendency of appeal - Judgment and decree passed in said appeal without taking note of death of plaintiff is admittedly against a dead person and a nullity - Impugned order of first appellate Court set aside - Case remanded to Lower Appellate Court for disposal afresh in accordance with law...........
Civil Procedure Code, 1908, Order 41, Rule 33 -- Non-framing of points of determination by Lower Appellate Court - Amounts to violation of provisions of O.41.R.33 CPC, as framing of points of determination is mandatory - Impugned order of lower Appellate Court set aside - Matter remitted back to Lower Appellate court for reconsidering matter after framing points of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Specific cause of action against defendant already pleaded in the plaint - Amendment will not change nature and character of suit nor the same would introduce a new cause of action - Order allowing amendment, upheld...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Lack of jurisdiction - Court in its order U.O.10 CPC held that plaintiff had failed to disclose any cause of action in Delhi and that it has no territorial jurisdiction - This finding attained finality - Plaint ordered to be returned to the plaintiff...........
Civil Procedure Code, 1908, Order 9, Rule 6 -- Ex parte order - Setting aside - Ex parte order can be set aside only in exceptional circumstances - This inherent power is with the Court and can be exercised when party is not at fault or ex parte order has been obtained by playing fraud with the Court or by collusion...........
Civil Procedure Code, 1908, Section 151 -- Closure of evidence - Costs not imposed before closing evidence - By not imposing costs party not put on guard to make him aware that his evidence was likely to be closed - Order closing evidence set aside and tenant be provided three effective opportunities to complete his evidence subject to payment of Rs.5,000/- as costs...........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of Civil Court - Challenge to order passed by Consolidation Officer alleged to be fraudulent and collusive - Civil Court has jurisdiction when order passed by authorities under the special law contravenes (a) Principles of natural justice; (b) against the statute; (c) without following the procedural law; (d) issued in..........
Civil Procedure Code, 1908, Order 22, Rule 5 -- Impleadment of LRs - Determination - O.22.R.5 CPC specifically exists in order to determine the question as to legal representation of estate of deceased party in suit and if such issue is a disputed issue of fact, same is decided after leading of evidence...........
Civil Procedure Code, 1908, Order 43, Rule 1(c), Civil Procedure Code, 1908, Order 9, Rule 9 -- Appeal - Order setting aside dismissal of suit for default - Order is not appealable...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for cancellation of sale deed on the ground of fraud and misrepresentation - Plaint rejected by holding that dispute between parties involve adjudication of question of title in respect of agricultural land - Held, a suit for cancellation of sale deed is cognizable before civil Court as per..........
