Civil Procedure Code, 1908, Section 10, 151 -- Stay of suit - Not applicable for stay of earlier instituted suit - Held, when S.10 CPC has not any application, the provision of S.151 CPC cannot be invoked so as to bye-pass the provision of S.10 CPC...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Principles governing amendment of pleadings, illustratively and not exhaustively are : (i) whether the amendment sought is imperative for proper or effective adjudication of the case; (ii) whether the application for amendment is bona fide or mala fide; (iii) the amendment should not cause such prejudice..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of necessary party - Suit for declaration of title and permanent injunction - Brother and sisters of transferee of suit land and mother of defendants i.e. widow of son of original owner of suit land were necessary parties - Non-impleadment of said necessary parties to suit, improper...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Applicability - Matter directly and substantially in issue - On comparison of pleadings in three suits it would go to show that issue raised in present suit was directly and substantially in issue in those suits though reliefs sought for may vary in degree - Held, one of the tests to ascertain is to find out as to..........
Civil Procedure Code, 1908, Order 23, Rule 3-A -- Compromise decree - Passed by Revenue Court - Challenged to be fraudulent - Can be challenged in civil Court - O.23.R.3-A CPC does not bar the institution of a suit before the civil court in regard to decrees or orders passed in suit and/or proceedings under different statutes before a Court, tribunal or authority of..........
Civil Procedure Code, 1908, Order 23, Rule 3-A -- Compromise decree - Challenged to be fraudulent, inoperative and not binding - Can be challenged before the same Court that recorded the compromise and a fresh suit for setting aside compromise decree is barred - Compromise decree based on a fraudulent compromise falls under O.23.R.3-A CPC...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Delay of 18 months from date of filing of written statement - When application was filed for amendment of plaint, there was no commencement of proceedings as no affidavit in lieu of examination in chief was filed by plaintiff - Court has to consider that by allowing such application whether controversy..........
Civil Procedure Code, 1908, Order 37, Rule 3(5), Contract Act, 1872, Section 139 -- Summary suit - Leave to defend - Suit against borrower and guarantors - Guarantors seeking permission to defend suit - Leave to defend can be granted if a triable issue is made out - A triable issue is not made out on the basis of S.139 of Contract Act - Liability of guarantor is equal to..........
Transfer of Property Act, 1882, Section 52, Civil Procedure Code, 1908, Order 9, Rule 2 -- Lis pendens - Between the date of dismissal of suit U.O.9.R.2 CPC and its restoration the `lis' continues...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Limitation - Knowledge of ex parte decree - Petitioner himself not stepping into the witness box and not stating as to when passing of ex parte decree came to his knowledge - Held, statement of petitioner's attorney as witness cannot fill the gap - It was only the petitioner who could have..........
