Civil Procedure Code, 1908, Order 1, Rule 10 -- Necessary party - Once plaintiff has come to know about transfer of suit property in favour of subsequent vendees, it has become his compulsive necessity to implead them - Presence of subsequent vendees was not necessity of plaintiff only, but it would also facilitate trial court to arrive at just conclusion, so as to do..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Evidence - High Court issued directions that defendant was permitted by trial court to cross-examine three witnesses of plaintiff - While completely mis-understanding and misinterpreting true import of order passed by High Court, trial court permitted plaintiff-respondent to lead more evidence, for which there was no scope..........
Arbitration and Conciliation Act, 1996, Section 8, Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Petitioner while filing written statement has taken objection with regard to suit being premature on ground of no, invoking of arbitration clause - Petitioner did not move any application u/S.8 of Act before filing of written statement - Such application..........
Arbitration and Conciliation Act, 1996, Section 8, Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Petitioner while filing written statement wishes to get issue No.3 to be treated as preliminary issue so as to get suit dismissed as premature in view of existence of arbitration clause in agreement - Once written statement was filed, it amounted to..........
Arbitration and Conciliation Act, 1996, Section 8, Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Petitioner while filing written statement wishes to get issue No.3 to be treated as preliminary issue so as to get suit dismissed as premature in view of existence of arbitration clause in agreement - Issues were framed and trial Court proceeded with case..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Merely on account of no, filing of replication, Court cannot draw a conclusion that assertion made has remained unchallenged...........
Civil Procedure Code, 1908, Order 37, Rule 1, Partnership Act, 1932, Section 69(2) -- Money suit - Suit by registered partnership firm - Maintainability - Certificate of registration of plaintiff-company proved during trial - Firm being a registered partnership firm, entitled to sue and enforce its right arising out of a contract by or on behalf of any person showing as a..........
Civil Procedure Code, 1908, Section 17, 16(d) -- Territorial jurisdiction - Suit relating to immovable property - Property situated within jurisdiction of different Courts - Suit may be instituted in any Court within local limits of whose jurisdiction any portion of said immovable property is situated...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Territorial jurisdiction - Questioning territorial jurisdiction of Court by moving an application U.O.7.R.11 CPC - Application is not maintainable, as application does not come within purview of O.7.R.11(a) to (d) CPC - Application rejected...........
Court Fees Act, 1870, Section 7(iv)(c), Civil Procedure Code, 1908, Order 7, Rule 11 -- Court fee - Plaintiff file suit for declaration that agreement to sell stood revoked - Plaintiff are liable to pay ad valorem court fee as they being executant of agreement to sell are liable to pay ad valorem court fee on consideration received by them - Petition dimissed...........
