Civil Procedure Code, 1908, Order 32, Rule 15, 3, Divorce Act, 1869, Section 10(1)(iii), 10(1)(x) -- Appointment of guardian ad idem - Unsoundness of mind - Suit for divorce on ground of cruelty by wife and mental disorderliness - Failure of Court to assign definite reason for declining request for referring respondent to Medical Board - Under O.32.R.15 CPC Court is not..........
Civil Procedure Code, 1908, Order 32, Rule 2, 3 -- Person of unsound mind - Suit filed through natural guardian/mother - Preferential claim of testamentary guardian - Appointment of testamentary guardian by father of plaintiff will not deprive mother of her right to act as natural guardian, till she remain alive, particularly when Will of father do not mention about any..........
Civil Procedure Code, 1908, Order 32, Rule 2, 3 -- Person of unsound mind - Suit filed through natural guardian/mother - Suit was instituted by plaintiff through his mother acting as his next friend - Interest of mother is not adverse to plaintiff - Mere filing of suit for injunction by plaintiff through testamentary guardian against his mother restraining her from selling..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of plaitniff during pendency of suit - Death unnoticed and suit decided without substitution of L.R's - Suit abates as abatement is automatic - When question of abatement of suit or appeal arises, same can only be gone into and decided by Court where suit or appeal was pending at the time of death of a party - Judgment..........
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, 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..........
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...........
