Order I Rule 8 (4) - suit filed in representative capacity - plaintiff alone cannot withdraw it - notice is necessary. [ Ulahannan Kurian and another vs Markose. AIR 2001 Ker 13. G.Sasidharan (J)]
Order 22 Rule 10 -- Suit for
specific performance -- A person who has acquired the right and possession of
the property on the basis of an agreement shall also be impleaded as
supplemental plaintiff. [Kunhikannan Nambiar Vs.
Sumithra Amma & Ors. 1999(1) KLJ 243 ( S. Sankarasubban (J)].
Order 11 Rule 11 - Permission granted to His Highness Marthanda Varma of the Travancore Royal Family to examine his nominee as his agent on behalf of the defendants 1 to 5 . In the absence of power of attorney he cannot appear or give evidence for and on behalf of them. [Cortain Antony vs Sree Padmanabha Dasa Marthanda Varma 2001 (1) KLT 511. M.R.Hariharan Nair (J)]
Order 22 Rule 6 - Defendant died when the appeal was pending - Decree is a nullity - No second appeal lies- But the parties can move the lower appellate court in bringing the legal representatives of the deceased first defendant, who was the appellant in the lower appellate court in accordance with law. [Uma Andar Janam vs. Dr.Saraswathy. 2001 (1) KLJ 721. 2001(2) KLTSN.16.P.14.S.Marimuthu (J)]
O.XXIII R.1A - Transposing a person as appellant - Applies to proceedings in appeal also and is not restricted to proceedings in a suit.The the expression 'suit' and the 'plaintiff, it cannot, for that reason, be sought to restrict the application of the provision to a proceeding in a suit alone since the appeal is the continuation of the proceedings of the suit and in the absence of any separate provision to deal with such a situation it has to be held that the principles contained under O.XXIII R.1A and O.1R, 10 must apply to the proceedings in appeal as well. Hence the application filed by the petitioner herein for transposing himself as an appellant cannot be rejected on the mere ground that the application was filed in an appeal and not in a suit, since as already observed above, the provisions of O.XXIII R.1A read with O.1R, 10 C.P.C. will apply to a proceeding in appeal as well. A respondent in an appeal is entitled to seek himself to be transposed as an appellant, if he satisfies the conditions otherwise., [Abraham Vs. Joseph, 2002 (1) KLT 936. . P.R.Raman (J)]
When an interested party in whose favour a decree is obtained in the lower appellate court is not added as a party either in the lower appellate court or in the High Court , then the decree obtained in the lower appellate court or in the second appeal wherein he is not a party, shall not bind him and in that case, the decree obtained in his favour either in the trial court or in the lower appellate court will stand. [ Balachandran vs Gopalan. S.A.No. 684 of 1990. Dated 5th April, 2001.S.Marimuthu (J)]