Civil Procedure Code, 1908, Section 30, 32, Order 16, Rule 10, 12 -- Summoning of police official - Diet money deposited - Evidence closed without making any effort to summon said official witness - Presence of such witness cannot be secured without assistance of Court - Impugned order set aside - Trial Court to ensure the issuance of process against summoned witness...........
Civil Procedure Code, 1908, Section 24 -- Transfer of a case - Matrimonial proceedings - Convenience of wife has to be considered than inconvenience of husband...........
Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - Wife is residing in her parents house which is at a distance of 75 kms from the place where divorce petition was filed by husband - Petition u/s 9 of Hindu Marriage Act is also pending where wife is residing - Petitioner filed by husband transferred to the place where wife is residing...........
Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - Petition is governed by provision of S.24 CPC...........
Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - Husband filed divorce petition at place `J' and thereafter wife filed petition for divorce at place `P' - Petition preferred subsequently by wife transferred to the Court where earlier petition was preferred by husband...........
Civil Procedure Code, 1908, Section 24, Hindu Marriage Act, 1955, Section 21A -- Transfer of divorce petition - Difference between S.24 CPC and S.21-A of Hindu Marriage Act - Court acting u/s 24 CPC may or may not in its judicial discretion transfer a particular subsequent application to be tried along with particular earlier application - Whereas, S.21-A of Hindu marriage..........
Civil Procedure Code, 1908, Section 24, Hindu Marriage Act, 1955, Section 21A -- In case of conflict between a general law and a special law it is special law which prevails...........
Civil Procedure Code, 1908, Order 21, Rule 64, 66 -- Execution - Attachment of property - Suit filed against Company through its Managing Director - Petitioner being Managing Director has given personal undertaking in the written statements, chief-affidavits as well as in cross-examination for repayment of suit amounts personally - He cannot now take a ground that he is..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Defendant may file counter clam as against claim of plaintiff before defendant delivers his defence or before time limited for delivering his defence has expired...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Counter claim sought to be filed nearly ten months after filing of written statement and more particularly after issues were framed - Leave to file counter claim cannot be sought after framing of issues - Defendant, not entitled for grant of leave for filing counter claim...........
