...Order 22/05/2017 Today, this matter has come up before us on interim application No. 7108/2017 filed under Order 32 Rule 1 CPC, wh...the file. Heard on another application filed by the appellant under (2 of 2) [CMA-5650/2016] Section 151 of CPC to take on record the correct address of...respondent No. 1 to 4, to issue notice on the correct address. The application is supported by affidavit also. The application is allowed for the reasons stated therein...

...O.S.No.339/2007 the Court by passing a detail order on 11.01.2011 allowed the application under order 32 rule 3 & 5 of cpc appointed defendant No.7 therein who is respondent No.1, herein, as m...guardian of defendant Nos.2 and 3 who are respondent Nos.3 and 4 in this appeal. 42. Before this Court application is filed under Order to 32 Rule 1 & 2 CPC by respo...Rule (1-A) of CPC wherein it is specifically stated that, the compromise between the parties is for the benefit and best interest of minor respondent Nos.3 and 4. The affidavit filed in support of application under...

...Order 32 Rule 1 CPC. This application was opposed by filing written reply, thereto and the trial Court after hearing both the sides vide order dated 25.09.2013 partly al...application of the petitioner and set aside the ex-parte order, but relief qua taking the plaint of the record, as per provisions of Order 32 Rule 1 CPC was declined...Order 32 Rule 1 CPC. So, he contended that the suit against the petitioner, was instituted without next friend, therefore, the plaint was required to be taken of the record, in...

.../ Rohit Kumar before us. 4. Complainant / Rohit Kumar has filed applications IA/1 and IA/2 under order 23 rule 1, CPC and order 32 rule ...This order shall govern disposal of complaint case Nos.31/2014 and 32/2014. 2. In these complaint cases (No.31/2014 and 32/2014), complainant / Rohit Kumar aged about 30...withdraw the complaints as per the terms of settlement. Accordingly, these complaints are disposed of as withdrawn subject to condition that complainant no.1 / Rohit Kumar shall use half of the amount of...

...Order 32 Rule 1 read with Section 151 of CPC have been rejected.2. It is the case of the petitioner that on 19.12.2018 the counsel for the respondent No. 4 informe...minor, therefore, the petitioner filed an application under Order 22 Rule 4 CPC read with Section 151 of CPC and also an application under Order 32 ...thereof application under Order 32 Rule 1 read with Section 151 of CPC has also been rejected.4. Challenging the order passed by the Court below, it is...

...concerned, Order 32 Rule 1 CPC does not envisage any order of the Court for this purpose. On the contrary, Order 32 Rule ...Order 32 Rule 15 CPC. Consequently, appointment of next friend of minor plaintiff or of plaintiff of unsound mind is not to be made by the Court under Order ...15 CPC. On the other hand, Order 32 Rule 3 CPC provides for appointment of guardian of a minor defendant by the Court and the same provision shall apply to...

.... Order 32 Rule 1 CPC providing that minor plaintiff may sue through his guardian is for the benefit of the minor. It cannot be used to this detriment. ...petitioner and proforma no.2. In the suit plaintiff described himself as aged about 22 years. However, in his statement under order 10 Rule 2 CPC he stated that he was born in the...petitioner to sell the same). Petitioner filed application for rejection of the plaint under order 7 Rule 11 CPC which was rejected on 06.10.2004 by...

...mind is concerned, Order 32 Rule 1 CPC does not envisage any order of the Court for this purpose. On the contrary, Order 32 ...of Order 32 Rule 15 CPC. Consequently, appointment of next friend of minor plaintiff or of plaintiff of unsound mind is not to be made by the Court under Order ...Order 32 Rule 15 filed by the defendant-petitioner has been dismissed and the application of respondent-plaintiff under Order 22 Rule 3 CPC ...

...are concerned.2. The advocate for Respondent Nos. 1 to 3 has filed an application under Order 32 Rule 1 of CPC seeking permission for Respondent No. ...also filed a certificate as required under Order 32 Rule 1(A) of CPC stating that the compromise entered into between the appellants and Respondent No. 1 is in the best...also found that the minors' interest has been safeguarded. In the above circumstances, the application filed under Order 32 Rule 1(A) of CPC is hereby allowed and Respondent...

...of Ranjit Talwar (plaintiff No.1) and the application should be dismissed. Thereafter, the plaintiffs filed an application under Order 32 Rule 1 CPC pleading that Meena...submissions of both the sides. The original record was called for to see whether any affidavit was appended along with the application filed under Order 32 Rule 1 to 5 CPC as there was...retained. The submission on behalf of the petitioner is that the provisions of Order 32 Rule 1 to 14 CPC apply to persons of unsound mind except Rule 2(a) and there is a...

...represented by natural guardian, the same satisfies the requirement of Order 32 Rule 1 and 2 CPC. With regard to framing of preliminary issue in respect of notice under Section 8...a notice under Section 80 CPC is not issued, though required, such a suit does not touch upon jurisdiction of a Court.23. Order 32 Rule 1 CPC provides that a suit by a minor shall b...it thinks fit” appearing in Sub-Rule 1 of Rule 2 of Order 32 CPC is of wide import and it must be that the said provision empowers the Court to permit the suit institute...

...detail had been recorded by the learned Judge while granting stay of operation of the decree. In view of Order 41, Rule 5 read with Order 21 Rule 32(1) of CPC, ..., there cannot be any controversy whatsoever that in the light of the language of Order 41 Rule 5(1) of CPC, read with Order 21 Rule 32(1) of CPC,...2005 under Order 41, Rule 5 of CPC, praying the Court to grant stay of operation of the decree and judgment made in O.S. No. 61 of 2002 on the file of the Junior Civil Judge...

...Order 32 Rule 1 CPC.24. Ms. Pinky Anand, learned Senior counsel for the plaintiffs also quoted several case laws wherein it was held that it is the right of the wife to be maintained by...by the provisions of Order 1 Rule 9 CPC and is not maintainable for non impleadment of necessary parties. The defendant submits that the plaintiffs have not impleaded the...Mandi, Delhi and at Mau, U.P is not maintainable in this court.32. It is settled law that under Order VII Rule 11 CPC where the suit appears from the...

...no third party can maintain a suit against the appellants. He next contended that suit at the instance of the plaintiffs-respondents was not maintainable under Order 1 Rule 8 CPC and at best could have been filed u...of provisions of Section 92, Order 1 Rule 8, Order 7 Rule 11 and Order 32 Rule 1 of CPC are necessary for better appreciation of the case which are extracted he...Order 1 Rule 8 CPC.31. The endowment made in 1949 by Kedar Nath Mishra divesting himself from the property, and resting the same in Lord Shri Ram Chandraji, and giving only the man...

...: Decree holder in E.P.No.19 of 2006 in the Court of the Principal Junior Civil Judge, Yellamanchili is the revision petitioner. The petitioner herein filed EP under Order XXI Rule 32(1) ...examined as R.W.1. The executing Court, after considering the oral evidence adduced by the parties, found that the petitioner failed to make out a case for arrest under Rule 32 of Order 21 CPC. Hence, the... HON'BLE SRI JUSTICE S.V.BHATT C.R.P.No.1290 OF 2010 ORDER...

...under Order 21 Rule 32 sub-Clause (1) CPC seeking arrest of the respondent. Pending disposal of the said application, the petitioners invoked the inherent power of the...possession of the Decree-holders. It is not a mandatory injunction. The only remedy for violation of prohibitory order is provided under Order 21 Rule 32(1) CPC. Theref...question that arose for consideration in the said case is interpretation of Order-21 Rule-32 (1) and (5) CPC. It was held that “...

...behalf of the minors, permission of the Court has to be obtained. He would submit that this argument is contrary to the provision of Order 32 Rule 1 of the Code of Civil Procedure, ...short, which only contemplates that a suit on behalf of the minor should be instituted by his next friend. Order 32 Rule 4 CPC provides as to who can act as the next friend or be appointed for the guardian for the ...of Order 32 Rule 1, CPC would indicate that any person can act as a next friend of a minor. The only criteria is that the said person should be of a sound mind and should have attained majority...

...Chhagan Lal as co-plaintiff on an application under Order 1, Rule 10 CPC is completely misdirected. He submitted that in the facts of the case where the respondent-plaintiff had sought im...CPC to address the issue and not on application under Order 1, Rule 10 CPC. 2. Perused the impugned order. 3. Before the trial... Alok Sharma, J. - Counsel for the defendants-petitioners (hereafter ''''''''the defendants'''''''') submitted that the impugned order dated 18.7.2018 impleading one...

...defendant No.1 filed I.A.No.30 under Section 151 of CPC to re-open the case, I.A.No.31 under Order XVIII Rule 17 of CPC to recall the witness and I.A.No.32 under...Order XVI Rule 1 of CPC to examine the witnesses. Defendant No.1 filed these applications for reopening and examination of one Mahalinga Swamy, who, according to defendant No....Petitioner is before this Court challenging the order dated 05-07-2018 passed on I.A.Nos.30 to 32 in O.S.No.2231/2007 on the file of the 18th Additional City Civil and Sessions Judge...

...District Munsif dismissed the petition holding as follows:—“………. It is rather difficult to understand how an order of injunction passed under Order 39 Rule 1 of the ...Order 21, Rule 32(1) of the CPC applies to mandatory injunctions?6. At the outset, I have to state that no direct decision of this Court or any other High Court ha..., 1949-2 Mad LJ 705 : (AIR 1950 Mad 237) wherein it was held that Order 21, Rule ...