Civil Procedure Code, 1908, Order 23, Rule 3, Civil Procedure Code, 1908, Order 43, Rule 1A(2) -- Appeal - Compromise decree - A person who was not a party to the suit, but whose rights are hurt by a consent decree, may approach Appellate Court in a First Appeal u/s 96 CPC, but only after obtaining leave and in that appeal appellant may by virtue of O.43.R.1-A(2) CPC..........
Agreement to sell -- Refund of advance amount - Previous agreement executed between parties was cancelled and a fresh agreement was executed - Condition was clearly mentioned in the fresh agreement that defendant No.3 had filed several revenue suits, and duty was cast on defendant Nos.1 and 2 to get the dispute resolved by adjudication of these suits and if these suits..........
Specific Relief Act, 1963, Section 34, 31 -- Suit for declaration of title - Without seeking relief of cancellation of sale deed - Plaintiff not being executant of sale deed was not obligated to sue for its cancellation u/s 31 of the Act, as such an instrument would neither be likely to affect the title of plaintiff nor be binding on him - Suit is maintainable...........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Dismissal of suit U.O.9.R.4 CPC - Plaintiff has both the remedies of filing of fresh suit or application for restoration of suit in case of dismissal of suit U.O.9.R.4 CPC - However, if he chooses one remedy, he is not debarred from availing himself of other remedy - Both these remedies are simultaneous and would not exclude..........
Civil Procedure Code, 1908, Section 11, Order 9, Rule 2, 3 -- Dismissal of suit in default U.O.9.Rr.2, 3 CPC - Res judicata - An order of dismissal of a suit or application in default U.O.9.R.2 or U.O.9.R.3 CPC is neither an adjudication or a decree nor it is an appealable order - If that is so, such order of dismissal of a suit U.O.9.R.2 or U.O.9.R.3 CPC does not fulfill..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - For application of principle of res judicata, there must be an adjudication of an issue in a suit by a Court of competent jurisdiction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Extended from time to time - Revisional Court stayed all further proceedings of the suit till disposal of revisional application - Stay order cannot be construed to debar trial Court from taking up interlocutory applications as well - Trial Court directed to dispose of injunction application as..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of third party - Suit for specific performance - Court may exercise discretion in impleading a person who is a proper party upon an application by a non-party to suit for specific performance...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Necessary and proper party - A necessary party is a person in whose absence no effective decree could be passed at all by Court - Whereas a proper party is one who though not a necessary party is a person whose presence would enable Court to effectively and adequately adjudicate upon all matters in..........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Challenge as to - Once Court passes a compromise decree after satisfying itself that suit has been adjusted by a lawful compromise, decree cannot be challenged in an appeal as no appeal lies against a compromise decree...........
