Civil Procedure Code, 1908, Section 11 -- Res judicata - Where the former suit is dismissed by the trial court for want of jurisdiction, or for default of the plaintiff's appearance, or on the ground of non-joinder or mis-joinder of parties or multifariousness, or on the ground that the suit was badly framed, or on the ground of a technical mistake, or for failure on the..........
Agreement to sell -- Specific performance - Non joinder of necessary parties - Plaintiff himself admitted that suit property was jointly owned by defendant, his wife and three sons - Specific objection was also taken by defendant in his written statement with regard to non-joinder of necessary parties - No effective decree therefore, could have been passed in their..........
Suits and execution proceedings -- All Courts dealing with suits and execution proceedings shall mandatorily follow directions viz: (i) In suits relating to delivery of possession, Court must examine parties to suit U.O.10 CPC in relation to third party interest and further exercise the power U.O.11.R.14 CPC asking parties to disclose and produce documents, upon oath,..........
Possession -- When it becomes necessary for Trial Court to determine what is status of property and when possession is not disputed, who and in what part of suit property is in possession other than defendant, thus, Court may take recourse to following actions: (i) Issue commission under O.26.R.9 CPC: A determination through commission, upon institution of a suit shall..........
Civil Procedure Code, 1908, Order 2, Rule 3 -- Joinder of parties or cause of action - Different causes of action were continuity of the agreement and oral agreement - Held, appellants could have joined as plaintiffs in a suit and suit is not bad for mis joinder of parties or causes of action...........
Civil Procedure Code, 1908, Section 99, 141 -- Law applicable to appeals applies to revision as well in view of S.141 CPC - No decree can be reversed or substantially varied in appeal on account of mis-joinder or no, joinder of parties...........
Civil Procedure Code, 1908, Section 79, Order 27, Rule 1 -- Suits by or against the Government - Parties to be impleaded are Union of India or Central Government or the State or State Government - Non joinder of necessary party is fatal...........
Civil Procedure Code, 1908, Section 99, Order 1, Rule 9 -- Misjoinder and non joinder of necessary parties - Decree cannot be reversed in appeal on account of any misjoinder of parties or causes of action or non-joinder of parties unless a Court finds that the non-joinder is of a necessary party...........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder and mis-joinder of parties - Effect of - A suit can not be defeated by reason of the misjoinder or non-joinder of parties, so along as in the case of non-joinder, the non-joinder is not of an necessary party...........
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..........
