Limitation Act, 1963, Article 21, Civil Procedure Code, 1908, Order 1, Rule 10, Hindu Succession Act, 1956, Section 8 -- Impleadment of Reversioner as party to suit - Suit for possession being nearest reversioners - Application under Order 1 Rule 10 for impleading party being sister's son of the deceased - Application filed 5 years after death of original owner - Declined..........
Civil Procedure Code, 1908, Order 5, Rule 2 -- Summons - When summons is sent calling upon a defendant to appear in Court and file his written statement, it is obligatory on the part of Court to send a copy of the plaint and other documents appended thereto, in terms of Order 5, Rule 2 CPC...........
Civil Procedure Code, 1908, Order 1, Rule 1, 3, Civil Procedure Code, 1908, Section , Order 2, Rule 3 -- Mis-joinders of Parties or mis-joinder of cause of action - Plaint suffers from the defect of mis-joinder of parties or mis-joinder of cause of action either in terms of Order 1 Rule 1 and Order 1 Rule 3 on the one hand, or Order 2 Rule 3 on the other - Perceived defect..........
Civil Procedure Code, 1908, Order 7, Rule 11(d), Civil Procedure Code, 1908, Order 1, Rule 2 -- Mis-joinder of parties or cause of action - Barred by any law - Rejection of Plaint - A suit barred for misjoinder of parties or of causes of action - Not barred by law within the meaning of order VII Rule 11 (d) of the Code...........
Civil Procedure Code, 1908, Section 96, 105(1), Order 37, Rule 3(5) -- Summary suit - Leave to defend - Refusal - Decree passed could either be under O.37.R.3(6) or it could be based on affirmative evidence and the documents produced or even based on oral evidence - In case appellate Court set asides the order and gives defendant leave to defend then decree that is passed..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Necessary & proper party - Suit challenging sale deed executed by father - Application under order 1 rule 10 by father for impleading party - Allowed by Trial Court - Order challenged on the ground that suit qua father had become time barred - Suit filed with in the limitation period - After impleadment defendant can take..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso - Plaint - Amendment - Proviso came into force on 1.7.2002 - Suit filed in the year 1998 - Proviso to Order 6 Rule 17 does not apply...........
Civil Procedure Code, 1908, Order 6, Rule 17(2) -- Amendment of Pleadings - Requirement of indicating the specific words or paragraphs to be added, omitted or substituted in the original pleadings - Non compliance there of - Provisions of O.6 R.17(2) are rule of procedure - Procedural provision are conceived for advancement of cause of justice - Violation of any and every..........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Action under Order 39, Rule 2A can be taken only when there has been a breach of an order of interim injunction passed under Order 39, Rule 1 or 2 of the Civil Procedure Code...........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Action under Rule 2A of Order 39 of the Civil Procedure Code is penal in nature - Penal provision must be strictly construed and benefit of doubt must go to the offender...........
