Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Remand - Non-framing of specific issue of counter claim pertaining to ownership - Issue pertained to denial of ownership of plaintiff and assertion of same by defendants already framed - Therefore, plaintiff was well aware that there was refutation of claim - Counter claim was not in that way independent claim - High..........
Civil Procedure Code, 1908, Order 8, Rule 5 -- Written statement - Defendant must specifically deal with each of the allegations of fact made in the plaint - Failure to make specific denial amounts to an admission...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction petition - Amendment sought to introduce plea of denial of landlord's title - Said plea was not raised by defendants in the written statement - Defendants held, not permitted to introduce the said plea by way of amendment, that too, at the belated stage after leading their evidence -..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Order admitting second appeal passed by Registrar in exercise of delegated powers under High Court Rules - Not ascribable to an order passed U.O.41.R.11 CPC...........
Civil Procedure Code, 1908, Section 100, Order 42, Rule 2 -- Second appeal - Non-formulation of substantial question of law - High Court not framed any substantial question of law, at the time of admitting appeal, and left the same open at the time of hearing of appeal - Defendants neither challenged the said order nor insisting High Court to formulate substantial question..........
Protection of Women From Domestic Violence Act, 2005, Section 26, Civil Procedure Code, 1908, Order 8, Rule 6A, Provincial Small Causes Courts Act, 1887 -- Counter claim - Can be filed by defendant in a suit before Small Causes Court - Proceeding before Judge, Small Causes Court is a legal proceedings and Judge, Small Causes Court is a civil court - On the strength of S.26..........
Civil Procedure Code, 1908, Section 25, Hindu Marriage Act, 1955, Section 13(1) -- Transfer of divorce petition - Husband filed divorce petition at Ahmedabad (Gujarat) - Wife residing at Rajasthan - Distance between Ahmedabad and Rajasthan is about 200 kms and it is very difficult for wife to travel such a long distance - Moreover, husband already appearing in Rajasthan in..........
Civil Procedure Code, 1908, Section 9, Wakf Act, 1995, Section 83 -- Jurisdiction of civil Court - Jurisdiction of civil Court is barred when question involved in the suit is whether suit land is wakf property or not, as said question can be decided only by Tribunal and not by Civil Court...........
Civil Procedure Code, 1908, Section 9, Wakf Act, 1995, Section 83, 51, 53 -- Jurisdiction of civil Court - Matters falling u/ss 51, 53 of Wakf Act are required to be decided by Tribunal and hence jurisdiction of Civil Court to decide such matters is barred by virtue of S.83 of Wakf Act...........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Auction sale - Setting aside - Material irregularity alone is not sufficient to set aside auction sale - JD has to go further and establish to the satisfaction of Court that material irregularity or fraud, as the case may be, has resulted in causing substantial injury to JD or in conducting the sale - It is only then sale so..........
