Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Necessary party - Where a person raises a claim over property and where a decree cannot be passed without his presence, he would be necessary party, who is entitled to invoke provision of O.1.R.10 CPC for impleading him in the suit...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Joint family property - Restraining transfer of property during pendency of suit - Prima facie property is Joint Hindu Family property - Protection of property from transferring to a third party is necessary - Even if plaintiff's suit is decreed, he will suffer irreparable loss and injury in case..........
Agreement to sell -- Specific performance - When an agreement to sale is executed but it cannot be specifically performed without permission or sanction of any authority, suit can be decreed and decree for specific performance can be granted subject to obtaining such permission/sanction from competent authority...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Civil suit - If civil suit is decreed on the same cause of action of the amount covered under the cheque, the deposit made in criminal case has to be adjusted...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of ownership in possession - Civil Court cannot grant declaration on the basis of revenue records - It is duty of plaintiff to produce document of title...........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Setting aside - Plaintiff once having consciously entered into a compromise showing his inclination not to pursue the suit cannot question execution of the same and based on that cannot seek recall of the decree passed by Court...........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 22 -- Amendment of plaint - Suit for specific performance - Amendment of plaint to seek alternative prayer of refund of earnest money - While filing suit for specific performance, plaintiff is to be permitted to seek relief of possession, partition, refund of earnest money and other connected..........
Civil Procedure Code, 1908, Order 9 -- Ex parte - O.9 CPC indicates that after participation by any of party in civil suit, if his counsel fails to appear or pleads "no instruction", civil Court would proceed ex parte - In absence of Rule, it is not mandatory either for trial Court or Appellate Court to issue fresh notice for appearance...........
Civil Procedure Code, 1908, Order 9 -- Ex parte - O.9 CPC indicates that after participation by any of party in civil suit, if his counsel fails to appear or pleads "no instruction", civil Court would proceed ex parte - In absence of Rule, it is not mandatory either for trial Court or Appellate Court to issue fresh notice for appearance...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant was not only served the notice of civil suit but he participated till closure of evidence of both the parties - At the time of final argument `No instructions' was pleaded - No sufficient ground was shown for non-production of evidence despite six opportunities to defendant -..........
