Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20, Limitation Act, 1963, Section 5, Article 123 -- Ex-parte decree - Setting aside of - Limitation - As per Explanation provided to Art.123 of Limitation Act, period of limitation would commence from date of knowledge of decree when defendant is served U.O.5.R.20 CPC - In the instant..........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Service of summons to subsequent purchaser - Partition suit - Service of notice of application U.O.39.Rr.1, 2 filed by defendant, cannot be taken to be service of suit summons to subsequent purchaser...........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Service of summons to subsequent purchaser - Partition suit - Resort to notice by way of substituted service through paper publication in a mechanical manner without trial Court having found as regards factum of avoidance of notice by subsequent purchaser would vitiate order passed U.O.5.R.20 CPC...........
Civil Procedure Code, 1908, Order 20, Rule 5 -- Judgment of First Appellate Court - First Appellate Court after scrutinizing entire pleadings and evidence on record affirmed findings of trial Court - No exception therefore, can be taken to judgment passed by First Appellate Court, particularly when same is hit by provision of O.20.R.5 CPC...........
Civil Procedure Code, 1908, Order 20 -- Final decree - Preliminary decree does not completely dispose the civil suit and suit continues till final decree is passed - There is therefore, no need to file an application and apply for final decree proceedings by litigants - It is an obligation on Court to draw up final decree...........
Civil Procedure Code, 1908, Section 20(c) -- Territorial jurisdiction - Suit for declaration - Suit filed by plaintiff is a derivative action on behalf of defendant No.2 which is a company incorporated in Dubai - Plaintiffs were also resident nationals of Dubai - Merely because dispute is about those shares which are issued by Indian Company would not lead to conclusion..........
Civil Procedure Code, 1908, Order 20, Rule 18.S -- Partition suit - Final decree proceedings - Party who opposed partibility of estate and whose share is not determined in preliminary decree, cannot straight away apply for passing final decree without getting supplementary preliminary decree passed...........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Preliminary decree - Partition suit - There can be multiple preliminary decrees in suit for partition...........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Preliminary decree - Partition suit - Declaration of rights of parties to partition suit is not dependent on payment of Court fee by defendant - It affects only actual partition and separation of his share in property...........
Civil Procedure Code, 1908, Order 20, Rule 18.S -- Partition suit - Final decree proceedings - In exceptional cases, supplementary final decree can be passed, provided original final decree or final decree passed earlier has not concluded the matters sought to be declared in supplementary final decree...........
