Civil Procedure Code, 1908, Section 96 -- First Appeal - Ex-parte decree - Plea of no, service of notice of suit - Appellate Court cannot proceed on basis that summons was admittedly served on defendant - This plainly is contrary to pleadings and there is no possible justification of the same - Order of First Appellate Court in dismissing appeal set aside - Matter remitted..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 1, Rule 10 -- Amendment of plaint - Defendant set up a Will in written statement - Will sought to be challenged by way of amendment and impleadment of beneficiaries of said Will - Plaintiff learnt about execution of Will only after filing of written statement - Amendment is essential rather..........
Criminal Procedure Code, 1973, Section 482 -- Cognizance - Quashing of order - At the stage at which case was poised for consideration, it was beyond the jurisdiction of High Court to quash the proceedings as the same is in excess of jurisdiction - Order of High Court set aside - Proceedings against accused directed to be continued from the stage where the same was..........
Civil Procedure Code, 1908, Order 47 -- Review - On a point not urged earlier - Not an error apparent on face of record - After judgment is passed Court becomes functus officio, and on the basis of new arguments a judgment cannot be set aside in review...........
Criminal Procedure Code, 1973, Section 394 -- Appeal against sentence of fine - Death of accused - Appeal does not abate on the death of appellant/accused - Near relatives of appellant would be entitled to come on record and continue to prosecute the appeal - If nobody comes forward to continue to prosecute the appeal, appeal can be closed as abated - However, abatement..........
Civil Procedure Code, 1908, Order 26, Rule 1, 2, 3, 4, 5, 6, 7, 7, 8, 9, 10, 11, 12, 13, 14, 15 -- Local Commissioner - Second commission - Setting aside of an earlier report - Law as to Commissions summarized viz. (i) There is no provision for setting aside the deposition recorded by the Commissioner or the report submitted thereof U.o.26.Rr.1 to 8 CPC which are dealing..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Substitution of L.R's - Only when right to sue survives - Any claim on account of acts of fraud, misrepresentation, improper conduct, malfeasance and misfeasance are personal to the defendant - Heirs of such defendant or any of them cannot be made liable for the tortious and/or criminal acts of their predecessors in interest..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Municipal Corporation issued notice for unauthorized construction - Legality and validity of said notice challenged - Applicants claimed to have ownership rights in the suit house - Held, in the suit the only necessary and proper party is Municipal Corporation, who had issued the notice - Suit can..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - High Court cannot set aside concurrent finding of fact given by Courts below unless a substantial question of law is raised...........
Civil Procedure Code, 1908, Order 9, Rule 8 -- Dismissal of suit for no, prosecution - Plaintiff being a old man and not keeping well and also has to look after her daughter and as such could not depose into the matter and sought time on that count - However, advocate of plaintiff sought time to withdraw his appearance - Evidence of plaintiff was accordingly closed and..........
