Civil Procedure Code, 1908, Order 10, Rule 1, Civil Procedure Code, 1908, Order 23, Rule 1-A -- Transposition of defendant as plaintiff- If the plaintiff withdraws from the suit, defendant can be allowed to prosecute the same by transposition as plaintiff provided the defendant has a substant of question to be decided against other defendants...........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 3, Civil Procedure Code, 1908, Order 43, Rule 1-A -- Compromise decree - Setting aside - Application under S.151 to set aside compromise decree is maintainable inspite of provision for appeal against such decree...........
Civil Procedure Code, 1908, Order 23, Rule 1(3), Civil Procedure Code, 1908, Order 32, Rule 15 -- Non impleading of guardian for a person of unsound mind - Not a formal defect but is a curable one - Plaint cannot be allowed to be withdrawn with permission to file a fresh one on the same cause of action...........
Civil procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file a fresh suit on the same cause of action - It is imperative upon the court to come to a positive finding that the suit of the plaintiff suffers from such formal defects which would prove fatal - The object of the rule is not to enable the plaintiff after he has failed to conduct his..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Formal defect - If can be got rectified by amendment of plaint, permission to file a fresh suit on the same cause of action should not be granted...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Formal defect - Amendment of plaint seeking relief of possession allowed but as costs not paid the same dismissed - Withdrawal of suit with permission to file a fresh suit on the same cause of action cannot be allowed on the ground that the suit is likely to fail for not claiming the relief of possession - Formal defect if..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Amendment of plaint to seek relief of possession - Allowed - Cost not paid and hence application dismissed - Suit allowed to be withdrawn with permission to file a fresh suit on the same cause of action - Held, suit cannot be allowed to be withdrawn when formal defect can be got rectified by amendment of plaint - Plaint..........
Civil Procedure Code, 1908, Order 23, Rule 1, 2 -- Defect pointed out in the written statement and inspite of that plaintiff still continued with the suit - Cannot be allowed to withdraw suit with permission to file fresh suit on the same cause of action at appellate stage...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- A - Partition suit - Suit withdrawn or abandoned - Transposing defendant as plaintiff - The question to be considered is whether applicant has a substantial question to be decided as against any of the other defendants...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- A - Transposing defendant as plaintiff - Application for withdrawal of suit pending - Pending decision on such application Court can consider application for transposing defendant as plaintiff - Court can consider such application even where plaintiff withdraws suit - Court not functus officio - Mere filing of application for..........
