Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Dispute between plaintiff and Municipal Corporation - Municipal Corporation taking up proceedings for removal of encroachment made by plaintiff based on applicant's complaint as disputed encroachment or construction is just in front of his house - None of applicant's individual or property rights are..........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Production of documents - Documents sought to be produced were not in existence at the time of filing petition - Objection as to belated production of documents is devoid of any merit...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for cancellation of sale deed on the ground of fraud and misrepresentation - Plaint rejected by holding that dispute between parties involve adjudication of question of title in respect of agricultural land - Held, a suit for cancellation of sale deed is cognizable before civil Court as per..........
Protection of Women From Domestic Violence Act, 2005, Section 26, Civil Procedure Code, 1908, Order 8, Rule 6A, Provincial Small Causes Courts Act, 1887 -- Counter claim - Can be filed by defendant in a suit before Small Causes Court - Proceeding before Judge, Small Causes Court is a legal proceedings and Judge, Small Causes Court is a civil court - On the strength of S.26..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Property in question was jointly purchased by plaintiffs along with defendant son of `N' - Suit for partition of property was not based on right of inheritance - Petitioners being daughters of said `N' had no right or locus to interject in suit proceedings - If petitioners have any..........
Civil Procedure Code, 1908, Section 34 -- Interest on delayed payment of gratuity - Award of 12% interest - Interest is compensatory in nature - Court is not bound to direct payment of interest restricted at the rate of interest indicated in S.34 CPC - Merely because appeal arises out of a civil suit does not mean that Court cannot go beyond 6% interest - If ceiling is..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Validity of compromise decree - Court can examine validity of compromise entered into before Court itself...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 23, Rule 3 -- Ex parte decree - Setting aside - Court while exercising power U.O.9.R.13 CPC is competent to invoke jurisdiction as provided in proviso to O.23.R.3 CPC and examine the validity of compromise...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 23, Rule 3 -- Ex parte decree - Setting aside - Forgery committed in getting the ex parte decree - Land in dispute recorded in the name of `Surendra Singh' but written statement filed by one `Sahendra Singh' - Written statement not filed by competent person - There was apparent forgery..........
Civil Procedure Code, 1908, Order 22, Rule 2, 3 -- Abatement of appeal - Non-substitution of Legal heirs of one of plaintiff - Interest of other appellants surviving - Appeal does not abate as a whole - Court below to hear appeal on merit as far as other appellants are concerned and adjudicate the matter on merits...........
