Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Propriety of substituted service upon co-defendants - Order of substituted service upon unserved defendants cannot be challenged by those who are served in ordinary course as they cannot be said to be person aggrieved by the order...........
Civil Procedure Code, 1908, Order 5, Rule 20, Civil Procedure Code, 1908, Order 22, Rule 4 -- Substituted service - Defendants who have died treated to be served on the basis of substituted service - Consequences of not bringing the legal representatives of deceased defendant on record is not obliterated...........
Civil Procedure Code, 1908, Section 20 -- Jurisdiction of Court - Cause of action arising at two places - Parties can restrict the place of institution of suit at any one of two places...........
Civil Procedure Code, 1908, Section 20, Order 7, Rule 10 -- Jurisdiction - Parties by agreement restricted jurisdiction to one out of Courts at two places - While considering application for return of plaint issue of jurisdiction cannot be left open by holding that issue of jurisdiction is a contentious one and that it required oral evidence when the same can be decided by..........
Civil Procedure Code, 1908, Order 14, Rule 2, Civil Procedure Code, 1908, Order 20, Rule 5 -- Suit time barred against some of defendants - Pronouncement of judgment - If Court after hearing on a preliminary issue finds that suit cannot be proceeded against some of defendants, it shall immediately pronounce judgment dismissing the suit as against them and shall pass a..........
Civil Procedure Code, 1908, Order 14, Rule 2, Civil Procedure Code, 1908, Order 20, Rule 5 -- Suit time barred against some of defendants - Pronouncement of judgment - Court ought to have entered a finding that suit is not maintainable against some of defendants and accordingly pronounced a judgment and passed a decree - Passing of an order that defendants were..........
Civil Procedure Code, 1908, Section 54, Order 20, Rule 18 -- Final decree - Partition suit - Application for preparation of final decree can be moved by either party as in partition suit each and every party is both plaintiff and defendant - Provision of Limitation Act do not apply in such cases - However, final decree proceedings are to be drawn up by Court whether the..........
Civil Procedure Code, 1908, Order 14, Rule 2, Civil Procedure Code, 1908, Order 20, Rule 5 -- Issues framed - Parties leading evidence - Trial Court to give its decision on all issues, notwithstanding the fact that suit may be decided on the basis of one technical issue...........
Civil Procedure Code, 1908, Order 20, Rule 18, Civil Procedure Code, 1908, Order 6, Rule 17 -- Partition suit - Final decree - Permission to add left out property - Held, inclusion of left out properties in the final decree proceedings is justified and proper - However, parties opposing such inclusion would be given an opportunity to file written statement as against such..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Preliminary decree - Partition suit - Any number of preliminary decrees can be passed in a suit for partition after first preliminary decree is passed - There is no legal inhibition for passing such preliminary decrees and limitation is not at all applicable...........
