Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought when trial of suit was almost over and case was fixed for final arguments - It was wholly belated - Moreover, suit could still be decided even without there being any necessity to seek any amendment in plaint - Amendment of plaint was not really required for determination of issues in..........
Civil Procedure Code, 1908, Section 11, 100 -- Res judicata - Second appeal - Issue of res judicata cannot be raised for first time in second appeal...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Suit dismissed in default - Bar of subsequent suit - Plaintiff on attaining majority instituted suit for setting aside sale deed of his property - Said suit dismissed in default - Bar U.O.9.R.9 CPC would come into play in bringing fresh suit in respect of same relief - Though subsequent suit filed only for partition without a..........
Civil Procedure Code, 1908, Section 144 -- Restitution - Dispossession on the basis of decree - Decree set aside - Person dispossessed from the property can restore his possession by seeking restitution of possession u/s 144 CPC - When such person is exercising his right provided under the statute, J.D. or any person claiming right through him, cannot make any obstruction..........
Court Fees Act, 1870, Section 12, Civil Procedure Code, 1908, Section 107(2), Order 7, Rule 11 -- Application U.O.7.R.11 r/w S.107 CPC - If suit can be dismissed or rejected U.O.7.R.11 CPC, then appeal which is in continuation of the suit can also be decided or rejected U.O.7.R.11 CPC specially on the issue of Court-fees and valuation of appeal as provisions of CPC which..........
Court Fees Act, 1870, Section 12, Civil Procedure Code, 1908, Order 14, Rule 2 -- Issue of court-fees - Is always liable to be decided as preliminary issue because Court-fees is payable at the time of filing of the suit and appeal...........
Court Fees Act, 1870, Section 12, Civil Procedure Code, 1908, Section 107(1) -- Determination of Court-fees - Power of first appellate Court u/s 12 of Court-fees Act - First appellate Court is competent to adjudicate the issue in respect of amount of fees payable in appeal as well as in suit - However, Court-Fees Act being substantive law in respect of payment of court..........
Civil Procedure Code, 1908, Section 2(a), 14, Hindu Marriage Act, 1955, Section 19 -- Jurisdiction - Court comes to conclusion that it does not have jurisdiction to decide suit/ petition - Still that Court pronounce judgment on all issues - Said deciding of issues held, erroneous as Court has come to conclusion that it has no territorial jurisdiction to entertain petition...........
Civil Procedure Code, 1908, Order 43, Rule 1(r), Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Appeal - Interim order, restraining defendant from interfering or doing any illegal activities in relation to suit property granted during pendency of application for temporary injunction without recording reasons - Order is interlocutory order and not temporary injunction..........
Indian Penal Code, 1860, Section 420, 468, 471, 34, Criminal Procedure Code, 1973, Section 482 -- Preparation of forged agreement for sale - If civil remedy is available to an aggrieved person, it does not oust jurisdiction of a criminal Court to proceed with complaint if it prima facie discloses commission of criminal offence by accused - Since prima facie case is made..........
