Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 23, Rule 1A -- Transposition of defendant as plaintiff - Withdrawal or abandoning of suit by plaintiff - A pro forma defendant, who has a substantial question to be decided against co-defendant, is entitled to seek his transposition as plaintiff for determination of such a question against said..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 23, Rule 1A -- Transposition of defendant as plaintiff - Withdrawal or abandoning of suit by plaintiff - Transposition of defendant as plaintiff - Court can allow transposition for effectual and comprehensive adjudication of all the matters in controversy in the suit, only when defendant..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - High Court dismissed review application by no, speaking order without adverting to specific grounds raised in review application - Even judgment of High Court in deciding writ petition against which review application was filed, without referring to pleadings cannot be upheld - Order of High Court set..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Cannot be refused merely because of some mistake, negligence, inadvertence or even infraction of Rules of Procedure, as Court always grants leave to amend pleadings even if a party is negligent or careless as power to allow amendment of pleadings is intended to serve the ends of justice and is not..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment of memo of parties - Suit filed in the name of Director followed by name of Private Limited Company - Suit should have been filed by Private Limited Company through its Director - It is a mistake of counsel, may be on account of lack of understanding as to how a Private Limited Company is to..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Maintainability - Review of judgment by High Court of a judgment against which Special Leave Petition is dismissed in limine without giving any reasons by Supreme Court - Review petition in the High Court is maintainable...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Maintainability - Review of judgment by High Court of a judgment against which Special Leave Petition is dismissed in limine without giving any reasons by Supreme Court - Review petition in the High Court is maintainable...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought when trial of suit was almost over and case was fixed for final arguments - It was wholly belated - Moreover, suit could still be decided even without there being any necessity to seek any amendment in plaint - Amendment of plaint was not really required for determination of issues in..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff and defendant both filed injunction application against each other - Trial Court dismissed both the applications - Defendant felt aggrieved by dismissal of his application filed appeal which was allowed - Plaintiff felt aggrieved and filed writ petition - High Court in writ..........
Civil Procedure Code, 1908, Order 41, Rule 21 -- Ex parte divorce decree - Setting aside - Decree of divorce passed against wife in absence of his counsel - Even notice of appeal was not served to wife - Ex parte divorce decree passed without hearing wife - Ex parte divorce decree set aside...........
