Civil Procedure Code, 1908, Order 22, Rule 10 -- Expression "during the pendency of suit" - Ought not to be understood as after the decree is passed - O.22.R.10 CPC thus, allows for impleadment to subsequent purchaser only during pendency of a suit - Subsequent purchaser cannot have resort to O.22.R.10 CPC or make an objection at the stage of execution...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10, Civil Procedure Code, 1908, Section 146 -- Transferee pendente lite - Question of necessary or proper party is not required to be considered for impleading a transferee pendente lite - If person sought to be impleaded as a party is legal representative of a party to the suit, it is..........
Civil Procedure Code, 1908, Order 32, Rule 1 -- Minor - Suit by minor through next friend/cousin of his father - Minor claiming himself to be sole owner of property left by his father on the basis of Will - Dispute between minor and his mother - Mother of minor already contracted second marriage after leaving the minor - Once she got conflicting interest against minor, she..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Appeal - Executing Court cannot decline execution of decree simply on the ground that an appeal has been filed against the decree - Remedy of petitioner is to approach Appellate Court to seek relief regarding stay of execution of decree and said plea of petitioner was to be considered by Appellate Court in accordance with..........
Civil Procedure Code, 1908, Section 51 -- Execution - Decree for possession - Warrants of possession - Police help - Bailiff report shows that execution of warrants of possession not possible without police help, as the JD's obstructed the execution thereof - Nothing wrong in providing police help for execution of warrants of possession - No interference warranted...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Framing of issues - Issues arise when a material proportion of fact or law is affirmed by one party and denied by the other...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Framing of an issue - Averments in plaint with regard to agreement - Denied by defendant in his written statement which is a material proposition of fact - Impugned order that no such issue with regard to agreement can be framed, as there is no reference of said agreement in plaint, set aside - Matter remitted back to Court..........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Report of local Commissioner - Objection as to legality and validity of Commissioner's report, if not redressed by trial Court, same can be raised in appeal - Even if objections raised to the report of Local Commissioner are rejected, aggrieved party can still agitate the legality and validity thereof at the time of final..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad-interim injunction - Restraining defendants from constructing over newly craved out plots - Plaintiffs contended that light, air and approach to her plot from both the sides will be obstructed if said construction is made out - However, prima facie no case is made out that plaintiff is enjoying such rights by way of..........
Civil Procedure Code, 1908, Section 151 -- Restoration of restoration application filed u/s 151 CPC - Limitation - It is Art.137 and not Art.122 of Limitation Act which applies - Limitation is three years from the date when right to apply accrues...........