Hindu Marriage Act, 1955 -- Applicability of Civil Procedure Code to proceedings under Hindu Marriage Act, 1955 - Hindu Marriage Act is an independent Act and is not governed by the provisions of CPC - Procedure prescribed in CPC is applicable to all civil proceedings - Even if it presumed that CPC is not strictly applicable still the broad principles of provisions of CPC..........
Hindu Marriage Act, 1955, Section 13B, Civil Procedure Code, 1908, Section 11 -- Divorce by mutual consent - Withdrawal of consent by wife at the second motion - Restitution of amount of 12 lakhs received by wife - Order as to refund, upheld but same will be subject to terms, as directed by Court, which will be beneficial for the husband, the minor child and wife...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B, Civil Procedure Code, 1908, Order 6, Rule 17, Punjab Rent Act, 1995, Section 38, 65 -- Eviction petition u/s 13-B of East Punjab Urban Rent Restriction Act - Leave to contest - Amendment of plaint allowed for converting petition under East Punjab Urban Rent Restriction Act to Punjab Rent Act - Subsequent..........
Civil Procedure Code, 1908, Order 41, Rule 33 -- Appeal - Decree for eviction - Three plaintiffs applied jointly for decree - Trial Court ought to have passed decree in favour of plaintiffs jointly - However, trial Court passed a decree specifically in favour of second plaintiff - First plaintiff had no requirement of suit premises - Reasonable requirement of third..........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Appeal by plaintiff - No cross-objection or cross-appeal filed by defendant - Appellate Court committed error in setting aside partial decree passed by trial Court in favour of plaintiff without being challenged by defendant - Impugned order of Appellate Court set aside...........
Civil Procedure Code, 1908, Order 13, Rule 10(2), Civil Procedure Code, 1908, Order 11, Rule 12 -- Production of documents - Rejection of application U.O.11.R.12 CPC - Not a bar for filing of application U.O.13.R.10(2) CPC...........
Civil Procedure Code, 1908, Order 13, Rule 10(2), Civil Procedure Code, 1908, Order 11, Rule 12 -- Production of documents - Nature of applications filed U.O.11.R.12 & O.13.R.10 CPC - Application U.O.11.R.12 CPC is filed when it is reasonably believed that document is in possession of the other party namely the defendants - However, once Court rejects such an application..........
Civil Procedure Code, 1908, Order 13, Rule 10(2), Civil Procedure Code, 1908, Order 11, Rule 12 -- Production of document - Document in question was in the possession of police authorities, having subject matter of proceedings initiated by plaintiff by filing an FIR against third party as well as defendants - Said document is relevant and necessary for the purpose of true..........
Civil Procedure Code, 1908, Section 151 -- Consolidation of suits - Boundaries specified in both suits i.e suit for partition and suit for permanent injunction not same - Defendants contended that property in subsequent suit is one for which partition is sought in earlier suit for partition - Said fact not denied by plaintiffs - Injunction granted in earlier suit for..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Additional evidence - Rebuttal - Affidavit of examinatio, i, chief - Beyond the scope of additional evidence - Court while finally deciding the case, can ignore the statement which is beyond the scope of additional evidence lead by the other party - However, affidavit cannot be taken off the record as a whole...........
