Civil Procedure Code, 1908, Order 16, Rule 14 -- Court witness - A person can be summoned as a Court witness if he is not already called as a witness - A person who was examined as a witness on behalf of one of the parties cannot be summoned as a Court witness...........
Civil Procedure Code, 1908, Order 38, Rule 5, Transfer of Property Act, 1882, Section 52 -- Attachment before judgment - Transferee pendente lite - S.52 of T.P.Act would apply only in a suit wherein any right to immovable property is directly and specifically in question - If there is no application of S.52 of T.P. Act, in a suit, there cannot be any scope for impleadment..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - There is no provision anywhere in CPC for impleading the owner of property under attachment before judgment as a party to suit - Making the strangers/owners of property under attachment before judgment as additional defendants on application of plaintiffs would really amount to denying them..........
Civil Procedure Code, 1908, Section 64 -- Private alienation of property - S.64 CPC has no application in the suit of recovery of money, where the transfer effected over immovable property is prior to attachment before judgment...........
Civil Procedure Code, 1908, Order 32, Rule 3A -- Decree against minor - When there is no representation on behalf of minor and no guardian is appointed by Court, decree passed amounts to nullity...........
Civil Procedure Code, 1908, Order 32, Rule 3A -- Decree against minor - Cannot be set aside merely on ground that next friend or guardian of minor has interest in subject matter of suit adverse to that of minor - Whereas, it has to be shown that prejudice is caused to interest of minor...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree set aside after condoning delay of 3690 days - Suit for declaration that marriage between parties is null and void and petitioner was not the father of child/respondent No.2 - Guardian ad litem not appointed by Court - Mother represented minor and has appeared, contested and filed objection on her behalf and..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Suit for possession by way of redemption - Once defendants has made admission in their written statement filed before trial Court and has produced documentary and oral evidence, with view to prove their pleaded case before trial Court, their application U.O.6.R.17 CPC before first appellate..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Offence u/s 420 IPC - Dispute relating to receipt of cheque - Said dispute is of civil nature as necessary ingredients of S.415 IPC are not made out and no false representation was made - Proceedings quashed...........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Execution - Civil imprisonment - Merely because J.D. does not have any movable and immovable property he cannot be ordered to be detained in imprisonment...........
