Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleading of parties by way of amendment of plaint - Suit for partition - impleading of four women as co-defendants - Unless they are impleaded, the suit cannot be effectively and finally decided - Order allowing amendment upheld but subject to cost as amendment sought at..........
Civil Procedure Code, 1908, Order 11, Rule 1 -- Interrogatories - considerations for granting leave (1) whether the interrogatories would help the fair trial (2) will save the cost of litigation, apart from the objections as indicated in R.6 of O.11...........
Civil Procedure Code, 1908, Order 11, Rule 1 -- Interrogators - purpose - to have a fair trial and to reduce the cost of litigation by getting the admission from the party on whom the interrogatory is served...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction restraining defendants from raising any construction over land in dispute declined by trial Court after directing defendants to furnish Surety bonds in sum specified giving undertaking that they would remove construction, if any, raised by them, at their own risk and costs without claiming any..........
Civil Procedure Code, 1908, Section 35 -- Costs - Awarding cost is not a punishment to the defeated party or a bonus to the party which receives them, but to compensate to the successful party in order to indemnify him, though not completely, for legal expenses subjected in prosecuting his suit his defence. It is this principle which governs in awarding proportionate costs..........
Punjab Tenancy Act, 1887, Section 84 -- Revision petition in forma pauperis - Competent - Civil Procedure Code (5 of 1908), Section 115.
Revision petition in forma pauperis is competent.
Since the Civil Procedure Code does not detail any procedure whatsoever regarding the filing and hearing of revision petitions, therefore, the point whether or not a revision..........
Civil Procedure Code, 1908, Section 35 -- Award of cost to mortgage in redemption suit - Refusal by Court that he denied plaintiffs right to redeem and put forth unreasonable claim for improvements - Discretion exercised not erroneous...........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition suit - Co-owner constructing building exceeding his right - Allotment of shares - In a partition of joint property amongst co-owners, one of the usual principles of equity which is enforced by the Courts is to respect present possession of the parties, and where a co-owner has built upon land in excess of his..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree-setting aside-one of the conditions imposed as to payment of certain sum to a charitable institution-appeal against-Held Court cannot make charity in favour of charitable institutions at the cost of Litigants as, such an innovation, is not within the scheme of sanction of law governing disposal of application..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree-setting aside-imposition of conditions - accidental non appearance-no laches-order for deposit of part of money claimed and a sum towards charity-defendant who applied for restoration a statutory corporation-not proper to call defendant to deposit major part of the plaintiff's claim and the direction for..........
