Civil Procedure Code, 1908, Order 1, Rule 10 -- Subsequent purchaser - Impleadment in a suit for specific performance - Subsequent purchaser with notice of the previous agreement - He is a necessary party - To avoid multiplicity of proceedings and effectually adjudicate the matter in issue, he should be impleaded as a defendant...........
Civil Procedure Code, 1908, Section 2(9) -- Judgment - Mere order deciding matter not supported by evidence is no judgment at all...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of witness for cross examination - Right to cross examine witness closed as Advocate of defendant was absent - Advocate of defendants senior citizen and due to circumstances beyond his control, he could remain present in Court - Party should not suffer for mistake of advocate - Right of defendant to cross-examination..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Suit barred by law - Partition suit - Question as to whether suit is maintainable or not or whether plaintiffs are entitled for relief of partition, would have to be adjudicated after evidence is lead by both the parties - It cannot be concluded that suit is barred and plaint is liable to rejected..........
Civil Procedure Code, 1908, Order 6, Rule 17.O -- Impleadment of a party - Consequential amendment in the plaint/cause title can be made - For such consequential amendment in the body of suit/cause title, no formal application U.6.R.17 CPC is required...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Review power cannot be exercised on the ground that decision was erroneous on merit - That would be in the province of Court of appeal - Power of review is not to be confused with appellate power which may enable an appellate Court to correct all manner of error committed by subordinate Court...........
Civil Procedure Code, 1908, Order 3, Rule 1, 2 -- Power of attorney holder - Power of attorney holder can represent the principal but cannot give evidence in place of the principal...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Validity of marriage is a question of law - But it is out of concern of Family Court while exercising jurisdiction u/s 125 Cr.P.C - It is within realm of civil Court to adjudicate it - Family Court exercising jurisdiction u/s 125 Cr.P.C thus, bound by a decree passed by Civil Court on validity of marriage..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - Court has powers to appoint a Commissioner - Such powers are to be exercised if Court desires assistance from Commissioner or is of opinion that Commissioner's report will assist the proper disposal of cause before it...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - Identification of suit property - Plaintiffs claim to have purchased suit property for a consideration of Rs.500 in 1972 - However, sale deed does not indicate area of property purchased - Boundaries almost on three sides do not tally to one another - No case is made out by plaintiffs for..........
