Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Serious dispute between parties to litigation on record - Defendant thus, satisfied Court that there are triable issues in subject suit and he has bona fide and substantial defence in subject suit - All the issues raised by plaintiff are required to be decided after..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for mandatory and permanent injunction - Plaintiff sought impleadment of sole surviving legal heir of co-owner of property - He is a proper party to suit and his presence is necessary for a complete and final decision on question involved in the proceeding - Moreover, plaintiff in a suit being..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Failure or inability of plaintiff to secure necessary evidence to support his case is not a ground contemplated by O.23.R.1(3) CPC...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Suit for declaration of title - Ground taken by plaintiff for withdrawal of suit is not a formal defect - Application filed at the stage of final arguments only when plaintiffs were in apprehension of dismissal of suit - Though abandonment is permissible at any stage, however, words `at any stage' is..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of plaint - Amendment sought with regard to boundaries in the schedule of plaint - Plaintiff should have been more careful and more diligent in incorporating the correct schedule of the boundaries to the suit schedule properties at the time of filing the suit or prior to commencement of trial -..........
Agreement to sell -- Specific performance - Plaintiff admittedly entered into compromise decree in earlier suit filed by defendant and admitted nearly 13 years after execution of agreement of sale, that defendants were owners of suit property - Plea of an agreement of sale not taken by plaintiff in said suit - Even plaintiff also admitted subsequent suit filed by him..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Non filing within time - Nine adjournments granted to file written statement - Written statement not filed as defendant was under impression that plaintiff will withdraw suit after compromise in between the parties - Defendant was duty bound to ensure that follow up steps to withdraw suit are taken -..........
Civil Procedure Code, 1908, Order 1, Rule 10, 9, 3 -- Impleadment of son - Eviction suit against daughter-in-law - Son is not residing in suit property and even no relief is claimed against him - He cannot be said to be a necessary party to litigation between Father-in-law and daughter-in-law - Moreover, plaintiff/father-in-law in a suit being a dominus litis, may choose..........
Civil Procedure Code, 1908, Order 23, Rule 1A -- Transposition of a party - Application U.O.23.R.1-A CPC can be filed in two contingencies: (i) When plaintiff withdraws suit; or (ii) plaintiff abandons suit...........
Civil Procedure Code, 1908, Order 23, Rule 1A, 3 -- Transposition of a party as plaintiffs - Plaintiff neither withdrawing nor abandoning suit - He is seeking recording of compromise in terms of compromise arrived at between him and defendants - Application for transposition is thus, not maintainable...........
