Civil Procedure Code, 1908, Order 9, Rule 2, Civil Procedure Code, 1908, Order 5, Rule 17, Civil Procedure Code, 1908, Order 5, Rule 20 -- Dismissal of suit - Non-service of summons - Order dismissing suit U.O.9.R.2 of CPC for not taking steps to furnish correct address of 1st defendant - 1st defendant was reported to have gone abroad and not residing at the address where..........
Civil Procedure Code, 1908, Order 5, Rule 20, 17 -- Service of summons - Party had gone abroad - Father did not know the address - Procedure contemplated U.O.5.R.20 to be followed and not that provided U.O.5.R.17 CPC...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 41, Rule 20 -- Regular Second Appeal - Impleading of a party - Third parties can be impleaded as proper parties to a R.S.A. even when they were not parties to the suit or to the appeal therefrom - O.1.R.10(2) CPC enables Court to implead necessary and proper parties at any stage of the suit in..........
Civil Procedure Code, 1908, Section 16, 20, Order 7, Rule 11 -- Rejection of plaint - Plea of jurisdiction - Clause in invoice that Courts in Delhi would have jurisdiction - Objection to clause of jurisdiction in invoice not raised at any time before filing of the suit - Held, it cannot be said at this stage that parties did not confer jurisdiction by their agreement on..........
Civil Procedure Code, 1908, Section 20(c), Order 7, Rule 11 -- Rejection of plaint - Jurisdiction - Agreement to supply goods made at Delhi - Goods supplied from plaintiff's godown situated at Delhi - Defendant accepted the terms and conditions printed on the bills/invoices that Court at Delhi shall have jurisdiction - Held, by virtue of S.20(c) CPC Court at Delhi has..........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Service by substituted mode - Permissibility - Held, it cannot be effected U.O.5.R.20 CPC unless Court is satisfied that there is reason to believe that defendant is keeping out of way for purpose of avoiding service or that for any other reason summons cannot be served in ordinary manner...........
Civil Procedure Code, 1908, Order 20, Rule 12 -- Mesne profits during appeal - Eviction decree - Mesne profits can be at a rate higher than the provisional rent fixed during pendency of the eviction petition - Status of tenant after passing of the decree of eviction is unauthorized - Mesne profits fixed at Rs.10,000/- per month of a shop which was let out at a monthly rent..........
Civil Procedure Code, 1908, Order 20, Rule 12 -- Mesne profits during appeal - Suit shop let out about 60 years back at a monthly rent of Rs.46/- - Shop situated on a main and oldest commercial Center of city of Jaipur - Since the commencement of the tenancy, monthly rent and price of immovable property has increased many fold - It is fit and proper to determine/fix the..........
Civil Procedure Code, 1908, Order 20, Rule 12(1)(ba)(As - - Damages - Appellant who has taken the residential premises on rent put the landlady to an hazardous litigation and was also irregular in payment of rent - Held, it is a fit case for grant of damages where appellant having involved in frivolous and delaying litigation - Appellant is directed to pay damages to..........
Transfer of Property Act, 1882, Section 111, Civil Procedure Code, 1908, Order 20, Rule 19, Civil Procedure Code, 1908, Order 21, Rule 99 - - Partition suit - Final decree - Execution proceedings - Right of re-entry against tenant - Held, once execution court comes to the conclusion that claimants are indeed lessees it may not be correct or legal for Court to proceed..........
