Cpc G. Surya Narayanan Mhc Advt: Order 1 rule 3 ; order 7 rule 11; 14,16

[3/12, 17:10] Cpc G. Surya Narayanan Mhc Advt: Order 1 rule 3 ; order 7 rule 11; 14,16

2012(5) SCJ 500

Church of Christ Charitable Trust & Educational Charitable Society vs M/s. Ponniamman Educational Trust

When plaintiff fails to implead necessary party in spite of objections, consequences of non- Joinder may follow- rejection of plaint can be exercised at any stage before conclusion of trial- matter in Plaint alone relevant and pleas in written statement irrelevant- every fact necessary for plaintiff to prove decree should be set out in clear terms- cause of action must include acts of defendant- documents included but not referred gets incorporated by reference in Plaint

Order 20 rule 18 , section 54

K. Thippanna @ Thippeswamy vs Varalakshmi & another

2012(5) SCJ 174

Suit for partition decreed by trial court- plaintiff sought for amendment of final decree application- dismissed and allowed by high court- held, without pleadings respondent not entitled to claim share in mineral alleged extracted-
[3/14, 10:26] Cpc G. Surya Narayanan Mhc Advt: Order 21

2012(5) SCJ 290

Food Corporation of India vs Richhpal Swami

High court in revision held decree holder entitled to pendente lite interest @ 18%. Rate of interest awarded by trial court was reduced to 6 % in appeal- high court erred in taking it as 18%.

Order 21 and section 47

M/s.Pushpa Sahakarai Avas Samiti Ltd vs M/s. Gangotri Sahakarai Avas S.Ltd & others

2012(5) SCJ 42

Decree stipulating 6 months for payment of decree amour- execution laid before 6 months- time expired when order was passed in execution- objection as to premature execution dismissed and confirmed in revision- held, when matter was taken up for hearing it was quite mature- decree lost its potentiality and executability is insignificant- matter remanded to consider other objections on merit

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