Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Non production of the site plan showing the exact portion which the defendant had encroach upon - Not a formal defect - Permission to withdraw suit with liberty to file another suit on the same cause of action cannot be granted - Plaintiff may apply for amendment of the plaint...........
Civil Procedure Code, 1908, Section 2(2), Order 23, Rule 1 -- Fresh suit filed without payment of costs imposed allowing withdrawal of earlier suit - Plaint rejected - Amounts to a decree for the purpose of S.2(2) CPC...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit allowed subject to payment of Rs.300/- as costs - Fresh suit filed without depositing costs - Subsequently during pendency of suit application filed to deposit costs - Application dismissed and plaint rejected - Appellate Court allowed the plaintiff to deposit costs - Held, it was not a condition precedent..........
Civil Procedure Code, 1908, Order 23, Rule 4 -- Withdrawal of suit without permission to file fresh suit on the same cause of action - Subsequent Writ petition on the same cause of action is also barred - When fresh suit is barred, then Writ petition on the same cause of action is also not maintainable...........
Civil Procedure Code, 1908, Order 23, Rule 4 -- Withdrawal of suit without permission to file fresh suit on the same cause of action - Subsequently Writ Petition on the same cause of action filed - Writ petition on the same cause of action is also barred - Rules of procedure are designed to do justice and not throttle justice - Suit ordered to be revived and plaintiff..........
Hindu Marriage Act, 1955, Section 13(1A)(i), 10, 23 -- Consent decree - Petition for judicial separation filed by wife - Decree passed with consent of husband - Consent decree not to be treated as collusive decree in matrimonial matters - Husband is entitled to get a decree of divorce on the ground of non resumption of cohabitation for one year and upwards from the date of..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Challenged - No stay operating not to comply with the order - Mere pendency of an application will not give a right to the respondent to stay the order passed by a Court of competent jurisdiction...........
Civil Procedure Code, 1908, Order 41, Rule 23-A -- Remand - Unless the appellate Court reaches a conclusion that findings on an issue are not sustainable and the matter requires re-trial, the case cannot be remanded without reversing the findings of the trial Court - Mere fact that the appellate Court has allowed the application U.O.6.R.17 or application U.O.18.R.17-A or..........
Civil Procedure Code, 1908, Order 41, Rule 31, 30, 23-A, 27 -- Non - disposal of application for additional evidence - Causes serious prejudice - Judgment and decree of First Appellate Court set aside - Case remanded for fresh decision of appeal on merits as well as on application - Application for additional evidence in appeal - Notice given to opposite side who also..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- 'Formal defect' - Means a defect which does not affect the merits of the case whether such defect is fatal to the suit or not - Formal defect includes instances like misjoinder of parties or of the matters in suit, rejection of material document for not having a proper stamp and the erroneous valuation of the subject..........
