Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Municipal Corporation issued notice for unauthorized construction - Legality and validity of said notice challenged - Applicants claimed to have ownership rights in the suit house - Held, in the suit the only necessary and proper party is Municipal Corporation, who had issued the notice - Suit can..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Plaintiff being dominus litis cannot be forced to add any person as party to the suit, unless it is held, keeping in view the pleadings and relief claimed therein, that a person sought to be added as party is a necessary party and without his presence neither suit can proceed nor relief can be..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Vacant property - In case of vacant property, which is incapable of being physically possessed all the time, principle of possession follows title is applied...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Prima facie plaintiff established his title over suit property - Incidentally, plaintiff also proved to be in lawful possession of property as against defendant no.1, who failed to establish prima facie title at interlocutory stage - Balance of convenience in favour of plaintiff -..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Objections - All objections in terms of O.21.R.97 CPC are not necessarily to be decided by way of following proper procedure - Any frivolous objection cannot be decided by way of adopting procedure of framing issues and allowing the parties to lead evidence just to delay execution of decree in question...........
Civil Procedure Code, 1908, Section 148 -- Enlargement of time - Decree for specific performance - Extension of time to pay balance sale consideration - When there is no rider attached with the decree that in the event of no, deposit of the amount within stipulated period, the decree would have the affect of nullification, then Court passing the decree in its legal..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of second suit on same cause of action - Previous suit was filed by plaintiff alleging interference in peaceful possession over suit property and threat to raise further construction whereas present suit was filed by plaintiff with regard to possession on basis of title - Moreover, defendant has admitted in written..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of second suit on same cause of action - Defendant has to establish that second suit filed by plaintiffs is based on same cause of action on which earlier suit was filed and they have omitted to claim relief available to them in earlier suit without obtaining leave of Court...........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Examination of an expert - Cannot be allowed in rebuttal, as this was well within the knowledge of plaintiffs at the time when they were leading evidence in affirmative - Application rightly rejected...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - High Court cannot set aside concurrent finding of fact given by Courts below unless a substantial question of law is raised...........
