Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Co-sharer cannot be restrained from raising construction over joint land except when co-sharer results in ousting of other co-sharer or is detrimental to rights of other co-sharers...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Plaintiffs and defendants are joint owners in possession over suit property and nobody has been shown to be in exclusive possession over suit land - Possession of one co-sharer is possession of all in the eyes of law - So even, if defendants raise construction over some portion, it will..........
Civil Procedure Code, 1908, Order 16, Rule 14 -- Court witness - Defendant not appeared as his own witness - Summoning him as Court witness for cross examination - Plaintiff can request Court to draw adverse inference but is not entitled to compel an opposite party to subject himself for cross examination...........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Bar contained U.O.23.R.3-A CPC shall not be applicable to a stranger to the compromise decree challenging the compromise decree provided he is not claiming any right through a party to the compromise decree...........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Consent decree can be avoided by a party to a consent decree only through an application U.O.23.R.3-A CPC, whose consent has been obtained by coercion, undue influence, fraud, misrepresentation or mistake, as such consent cannot be termed as free consent and contract based on such consent becomes..........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Bar contained U.O.23.R.3-A CPC shall not be applicable to a stranger to the compromise decree challenging the compromise decree provided he is not claiming any right through a party to the compromise decree...........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Consent decree can be avoided by a party to a consent decree only through an application U.O.23.R.3-A CPC, whose consent has been obtained by coercion, undue influence, fraud, misrepresentation or mistake, as such consent cannot be termed as free consent and contract based on such consent becomes..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - U.O.1.R.10(2) CPC Court can implead any party at any stage even without an application, if it thinks, that his presence is necessary in order to effectively adjudicate the suit...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party at appellate stage - If applicant is able to show that he would be seriously prejudiced in case he is not impleaded as a party, even at the appellate stage, such impleadment should be allowed...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of subsequent purchaser - Petitioner purchased the property just prior to passing of judgment and decree of suit - He is thus, a purchaser pendente lite - Since petitioner has been able to show his substantial interest in the adjudication of the matter and he is going to be directly affected by any decision of..........
