Civil Procedure Code, 1908, Order 22, Rule 9 -- Abatement of appeal - Death of plaintiff - Factum of death of plaintiff was not brought on record - Defendants came to knowledge of same only after receiving report of process server - Application U.O.22.R.9 CPC along with delay condonation application filed within time from the date of having knowledge of death - No..........
Civil Procedure Code, 1908, Section 151 -- Consolidation of two suits - Parties to both the suits are distinctly different - Cause of action and relief claimed in both the suits are also different - Plaintiffs in both the suits are asserting their possession to suit property but with reference to different transactions and different points of time - Common evidence cannot..........
Civil Procedure Code, 1908, Order 1, Rule 8 -- Representative suit for partition - There is no community of interest between various co-owners - In a suit for partition, every party, be it plaintiff or defendant, has his own interest to secure - Order permitting plaintiff to give notice via publication in accordance with O.1.R.8 CPC set aside - Trial Court to order..........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Execution - Decree for payment of money - Provision of O.21.R.37 & S.51 CPC are mandatory - Before ordering civil imprisonment Court has to give an opportunity to J.D. to show cause as to why he should not be committed to prison...........
Civil Procedure Code, 1908, Section 115 -- Revision - Non-affixation of proper Court fee on plaint - Question of affixation/payment of Court fee is between plaintiff and State and defendant had no right to move superior Courts by way of appeal or revision petition in eventuality said question having been decided against him - Revision petition dismissed being not..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit whether barred by S.4 of Benami Transactions (Prohibition) Act, 1988, cannot be decided at the stage of deciding application U.O.7.R.11 CPC - Application for rejection of plaint rightly dismissed...........
Civil Procedure Code, 1908, Section 24 -- Transfer of application u/s 25 of Guardians and Wards Act - Wife sought transfer of application from Lucknow to Prayagraj - Distance between Prayagraj to Lucknow is about 200 and odd Kilometers - Wife is residing with her minor child and to protect interest of child from harassment of frequent travel, case transferred from Lucknow..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration that plaintiffs along with defendants are joint owners - First appellate Court correctly interpreted S.6 of Hindu Succession Act and thereafter applied, which resulted in reduction of share of plaintiffs - Findings recorded by First Appellate Court are in tune with law and there is no..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Transferee pendente lite - Defendants, who are family members of plaintiff not contesting the suit - Petitioner has purchased the property by registered sale deed on payment of sale consideration - Impleadment allowed...........
Civil Procedure Code, 1908, Section 10 -- Stay of execution petition - Both the execution petitions arise out of decree of different nature - Merely because subject matter of execution is common, provision of S.10 CPC are not attracted - Dismissal of application calls for no interference...........
