Civil Procedure Code, 1908, Order 11, Rule 21, 11 -- Rule 21 can be invoked by a party only if the opposite party has failed to answer the interrogatories further or to answer fully the interrogatories in pursuance to an order under Rule 11 of Order 11 CPC...........
Civil procedure Code, 1908, Order 39, Rule 3 -- Exparte injunction - Court not to act casually while granting exparte injunction but to pass orders only after adverting to all the facts and circumstances of the case - Court to record reasons for non-issuing of notice to the opposite party - Person aggrieved by exparte order to approach trial court under Order 39 Rule 4 CPC..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Addition of a party - The mere fact that a fresh litigation can be avoided is no ground to invoke the power under the rule...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Rule is based on the principle that a defendant should not be twice vexed for the same cause by splitting the claim and the reliefs - To preclude the plaintiff from so doing it is provided that if he omits any part of the claim or fails to claim a remedy available to him in respect of that cause of action he will thereafter be..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Cause of action and right of action - Distinction - A right of action is a right to presently enforce a cause of action - A remedial right affording redress for infringement of a legal right belonging to some definite persons - A cause of action is the operative facts which give rise to such right of action - The right of..........
Civil Procedure Code, 1908, Order 1, Rule 6 -- Bank loan - Suit against guaran-tor only - Suit against principal debtor time barred - Guarantor acknow-ledged debt in writing - Guarantor steps into the shoes of the original debtor - Under Order 1 Rule 6 CPC where two or more persons are liable under a contract, the plaintiff has the option to sue all or any of the debtors -..........
Civil Procedure Code, 1908, Order 34, Rule 11 -- Under clause (a) and (b) of the Rule 11 interest can only be awarded on the principal amount - Interest due before the date of filling of the suit is not treated as principal - Amount of interest due to the plaintiff has to be determined separately...........
Civil Procedure Code, 1908, Section 148A, 151, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r), Constitution of India, 1950, Article 227 -- Writ petition against order granting exparte and interim injunction - Can be entertained but only under special circumstances - In the instant case, inspite of lodging of caveat, Court granted exparte ad interim..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 2 -- Eviction decree - Execu-tion - Objection that decree has become inexecutable in view of sub-sequent agreement/fresh contract of tenancy - Held, objection is not tenable as claim falls within the preview of adjustment and the same is not certified as envisaged by rule 2 of order 21 CPC...........
Civil Procedure Code, 1908, Order 41, Rule 33 -- Scope - Rule 33 of order 41 CPC is in three parts - The first part confers on the appellate Court very wide powers to pass such orders in appeal as the case may require. The second part contemplates that this wide power will be exercised by the appellate Court notwithstanding that the appeal is as to part only of the decree..........
