Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file fresh suit - Lack of clarity in application cannot come in the way of plaintiff to get permission to file a fresh suit on self same subject matter or cause of action of suit already filed by her upon its withdrawal...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file fresh suit - Eviction suit - Agreement for tenancy was impounded by trial Court for insufficiency of stamp duty - Plaintiff seeking withdrawal of suit with liberty to file fresh suit on self same subject matter - However, trial Court refused to grant permission to plaintiff to file..........
Civil Procedure Code, 1908, Order 41, Rule 25 - - Eviction suit - Issue regarding other co-owner/members of Hindu Undivided Family not impleaded as party - Tenant admitted having paid rent to plaintiff - On the contrary, there is a statement recorded of plaintiff as per his rejoinder of being landlord - More so, no other co-owners has come forward to challenge or object..........
Civil Procedure Code, 1908, Section 24 -- Transfer of petitions - Petitions u/s 25 of Guardians and Wards Act and S.9 of Hindu Marriage Act - Wife sought transfer of these petitions from Hamirpur to Kanpur Nagar - She is residing at New Delhi - No material on record to indicate as to why, wife was residing at Kanpur Nagar with her maternal grandmother - Husband rightly..........
Civil Procedure Code, 1908, Section 96(2), Order 9, Rule 13 -- Appeal against exparte decree - Dismissal of application to set aside exparte decree - Not a bar to file appeal against exparte decree...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 96(2), Order 9, Rule 13 -- Dismissal of application to set aside exparte decree - Condonation of delay in filing appeal against exparte decree - Time spent in pursuing application U.O.9.R.13 CPC is to be taken as `sufficient cause' for condoning delay in filing first appeal...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Non-framing of substantial question of law - Substantial question of law required to be framed at the time of admission of appeal after hearing appellant as provided u/s 100(4) CPC - However, High Court failed to comply with provisions of S.100(4) and S.100(5) CPC and framed questions for the first time while..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Property - Right to share - Effect of adoption - Entitlement - Trial Court held that Defendant No. 1 is not entitled the share of suit property of his natural father - Adoption deed makes clear that Defendant No.1 was adopted by Adopted father, since his birth itself - Therefore, it is rightly held by Courts below..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Property - Entitlement - Appellant/ Defendant no.1 sought declaration to the effect that he had become owner in possession of the suit property by way of adverse possession - Thus, Defendant No.1 himself admitted that he was not the owner of the suit property...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of party - Appellant cannot be impleaded as necessary party because purchased the land from Defendant No.1 during the pendency of the proceedings which have not attained finality - Appellant has expressed her ignorance of fundamental aspects of the suit - Therefore, principle of lis pendens applies as Appellant..........
