Civil Procedure Code, 1908, Order 9, Rule 3 -- Non appearance of party - Dismissal of suit U.O.9.R.3 CPC - Plaintiff has two options to either apply or setting aside dismissal or in the alternative to file a fresh suit subject to law of limitation...........
Civil Procedure Code, 1908, Order 9, Rule 3, 8 -- O.9.R.3 and rule 8 operate in different fields - If suit is dismissed U.O.9.R.3 CPC plaintiff has two options to either apply for setting aside dismissal or in the alternative to file a fresh suit subject to law of limitation - However, when suit is dismissed U.9.R.8 CPC plaintiff has a liberty to apply for setting aside..........
Civil Procedure Code, 1908, Order 34, Rule 5 -- Auction sale - Execution of decree for mortgage - J.D. in a mortgage suit can seek annulment of sale by depositing the amounts as stipulated in O.34.R.5 CPC at any stage before confirmation of sale...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of party in appeal - Specific performance of contract - Specific issue framed with regard to necessary party having not been impleaded - Suit dismissed on that ground - Plaintiff sought impleadment of party in appeal - Held, since trial of suit is complete, consequence of addition would involve a de novo trial,..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Section , Order 2, Rule 2 -- Amendment of plaint - Permissibility - Suit for permanent injunction to put restraint on defendant from alienating suit land in face of agreement to sell allegedly executed by defendant in favour of plaintiff - Plaintiff by way of proposed amendment, sought to seek relief..........
Civil Procedure Code, 1908, Section 2(2), Order 7, Rule 11, 13 -- Rejection of plaint not disclosing any cause of action - A subsequent suit on the same cause of action is not barred - In case of rejection of plaint U.O.7.R.11 CPC which is appealable being a decree in terms of S.2(2) of CPC, the aggrieved party has two options, either to challenge the said order by way of..........
Limitation Act, 1963, Article 59 -- Consent decree - Suit to set aside - Limitation - Decree obtained by playing fraud as defendant was not served in the said suit - Suit is not barred by limitation if filed within time of coming to know of the fraud by the aggrieved party...........
Wakf Act, 1955, Section 83 -- Suit filed by respondents before Wakf Tribunal for framing a scheme, alleging mismanagement of wakf properties by petitioner - Held, Wakf Tribunal has no jurisdiction to frame scheme - Original jurisdiction vests in Wakf Board and not in Wakf Tribunal which is an appellate authority...........
Transfer of Property Act, 1882, Section 45, Benami Transactions (Prohibition) Act, 1988, Section 3, 4, 4(2), 4(3) -- Benami transaction - Property jointly owned by plaintiff and defendant and portion of their respective shares yet to be determined - Defendant contended that entire funding was done by him for acquiring property and plaintiff was only a benami partner and..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Eviction suit on grounds of bonafide necessity dismissed in default - Application for restoration of suit also dismissed in default - Held, cause of eviction on ground of bonafide necessity being recurring, provision of O.9.R.9 CPC has no applicability - Landlord can file fresh suit for eviction on ground of bonafide..........
