Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Member of a family who is not party to a previous civil Court's judgment and decree passed U.O.12.R.6 CPC on basis of factually incorrect foundational facts, is not binding upon such member of family...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Application U.O.9.R.13 CPC is not maintainable once parties got an appeal decided by a higher Court...........
Civil Procedure Code, 1908, Section 24, Constitution of India, 1950, Article 227 -- Order passed u/s 24 CPC - Petition under Article 227 of Constitution thereagainst does not lie...........
Civil Procedure Code, 1908, Section 24 -- Transfer of case - Once doors of District Court have been knocked the filing of Transfer Application before High Court is neither prohibited nor excluded...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - While exercising discretion to add a party Court must be guided by following factors: (i) whether party sought to be added is a necessary party or not; (ii) whether his presence would enable Court to effectually and completely adjudicate all questions involved in that case; (iii) whether his..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - Necessary party - What makes person a necessary party, is not merely that he has relevant evidence to adduce on some of issues involved in the lis, as that would only make him a necessary witness, but it is that without his presence, complete and final adjudication is impossible...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - Proceedings u/s 57 of Madras Hindu Religion and Charitable Endowments Act - Petitioners are not necessary to effectually and completely adjudicate upon and settle all questions involved in proceedings - Even, in absence of petitioners as parties in proceedings will not lead to any multiplicity of..........
Civil Procedure Code, 1908, Section 114 -- Review - Repetition of earlier arguments that have already been addressed is not open to be looked into in a review application...........
Civil Procedure Code, 1908, Section 114 -- Review - Jurisdiction of review cannot be invoked for re-writing of judgment nor it vests appellate power in Court to examine at length and re-examine findings of Court - Scope of review of a judgment is not extensive and should be confined to error apparent on face of record, discovery of new and important matter or evidence...........
Civil Procedure Code, 1908, Section 114 -- Review - Decree of divorce - Efforts made for reconciliation but wife expressed her unwillingness to live with husband - Wife remarried after decree of divorce in her favour - Review has lost its efficacy - Review application rejected...........
