Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of third parties - Suit for specific performance - Respondents are not necessary party to suit as effective decree can be passed in their absence - Moreover, respondents have already filed a separate suit for enforcement of their claim against third party - Therefore, they are neither necessary nor proper party to..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Plaintiffs were parties to earlier suit involving same subject matter - Concurrent findings of Courts below that suit being barred by res judicata is proper...........
Joint Hindu Family -- Suit property was not joint Hindu Family coparcenary property - Nothing on record to even remotely suggest that property was coparcenary property in the hands of plaintiffs - Suit for declaration that plaintiffs are owners in joint possession rightly dismissed...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file fresh suit - Sufficient grounds - Careless framing of plaint without disclosing proper valuation, cause of action, other material facts such as lunacy of plaintiff's father and uncles comes within ambit of sufficient grounds for allowing plaintiff to institute a fresh suit regarding..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file fresh one - Sufficient grounds - Plaintiff filed suit for permanent injunction and other consequential reliefs yet no prayer for confirmation of possession has been made - Since consequential relief of confirmation of possession has not been pleaded, suit itself is not maintainable in..........
Civil Procedure Code, 1908, Order 7, Rule 11, 10 -- Rejection of plaint - Bar of civil Court jurisdiction - Suit for permanent injunction with regard to agricultural land lies before Revenue Court - Civil Court has no jurisdiction to try the suit - Trial Court directed to return the plaint to plaintiff for presentation before proper jurisdictional Court...........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 3 -- Rebuttal evidence - Plaintiff closed his initial evidence - There is no statement of plaintiff closing his evidence - Plaintiff in rebuttal evidence was allowed to examine handwriting expert - Plaintiff got receipt examined from handwriting expert - Now he is required to prove the same - Such evidence could be..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for mandatory injunction - Numerous opportunities given to plaintiff by trial Court to lead evidence but plaintiff failed to appear himself before trial Court - Trial Court rightly closed evidence of plaintiff and rightly came to conclusion that his evidence could not be read - Trial Court and first appellate..........
Civil Procedure Code, 1908, Order 7, Rule 11, Commercial Courts Act, 2015, Section 12A -- Commercial suit - Rejection of plaint - Non-compliance of provision of S.12-A of Commercial Courts Act - If suit is instituted on or after 20.8.2022, without complying with S.12-A of Commercial Courts Act, then it must meet with rejection U.O.7.R.11 CPC, either on an application by..........
Commercial Courts Act, 2015, Section 12A -- Commercial suit - Provision of S.12-A of Commercial Courts Act - Law as to : (i) S.12A of the Act by is mandatory in nature and declaration of mandatory nature of S.12-A of the Act relates back to date of Amending Act; (ii) Any suit which is instituted under the Act without complying with S.12-A of the Act is liable to be..........
