Civil Procedure Code, 1908, Section 115(1) -- Proviso - Revision - Maintainability - Held, a person applying for revision against a particular order must satisfy court that had impugned order been passed in his favour, suit or other proceeding would have stood disposed of finally - Unless that requirement is satisfied, a revision is not entertainable even if there is a..........
Civil Procedure Code, 1908, Order 22, Rule 3, 4 -- Non-substitution of legal heirs - Effect of - Held, even where plaintiff or appellant has died and all his legal heirs have not been brought on record because of oversight or because of some doubt as to who are his heirs, suit or appeal, as the case may be, does not abate and heirs brought on record fully represent estate..........
Civil Procedure Code, 1908, Section 96, Order 41, Rule 1 -- Recovery of arrears of rent - Suit land was given on a monthly rent of Rs. 10,215/- to appellant No.2 by respondent/ plaintiff - After obtaining possession of suit land and getting super structure raised, appellant No.2 has not paid any amount as rent to respondent/plaintiff as per agreement - Service of notice by..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Suit for specific performance - Subsequent purchaser - Not a necessary party - His presence is not necessary to settle all the questions which arise in the suit...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - It is not the pleaded case of petitioner that plaint does not disclose cause of action - It has only pleaded that no part of cause of action had arisen within jurisdiction of Hyderabad Court - Held, issue of plaint not disclosing cause of action is different and distinct from issue relating to cause of..........
Civil Procedure Code, 1908, Order 23, Rule 3A -- O.23.R.3-A CPC does not bar suit challenging compromise decree on the ground of fraud and misrepresentation...........
Civil Procedure Code, 1908, Section 152, 153 -- Compromise petition - Clerical error - Correction - Power of Court - Held, power u/ss 152 and 153 of CPC would also extend to correction of clerical error in compromise petition even at instance of one party, if identity of suit property is not in dispute and does not at all substitute subject matter of dispute rather..........
Civil Procedure Code, 1908, Section 20 -- Jurisdiction - Two Courts simultaneously having jurisdiction - Parties by agreement can exclude jurisdiction of one Court and suit lies in the Court agreed upon by the parties...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for recovery of dues - Plaint clearly discloses a cause of action and is not barred under law in its entirety - There is a cause of action against private defendant Nos.1 and 2 for recovery of amount - Held, suit in civil court is not barred for recovery of amount by any law - Claim being less than..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Sale deed executed by defendant No.3 through attorney challenged - Attorney also impleaded as defendant in the suit - Defendant No.3 served through attorney as well as through Munadi - Proceeded ex parte on non appearance - Non appearance of defendant No.3 as a witness - It was only defendant..........
