Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Filing of plaint as evidence to prove that earlier suit was filed on the same cause of action as the subsequent suit is imperative...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Filing of photocopy of plaint of earlier suit - Photocopy of plaint not admissible in evidence - It cannot be said that legal requirement of filing plaint of earlier suit was substantially complied with - Bar U.O.2.R.2 CPC cannot be presumed merely on the basis of inferential reasoning, as done by..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Decree against a dead person - Death of defendant and his LR's not impleaded - Separate suit can be maintained by heirs of deceased defendant seeking a declaration that decree passed is a nullity and not enforceable against them...........
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...........
Civil Procedure Code, 1908, Section 115 -- Revision - Maintainability - Recovery suit of Rs.25000 - Plaintiff invoking revision u/s 115 CPC in view of bar u/s 102 CPC to filing of second appeal against any decree, when subject matter of Original suit is for recovery of money not exceeding Rs.25,000 - However, remedy for aggrieved person in view of said bar is to file a..........
Civil Procedure Code, 1908, Order 37, Rule 2 -- Recovery suit - Refund of advance amount - Oral agreement of sale executed between parties - Plaintiff failed to prove the fact that Rs.25,000 was given by him as advance amount for purchasing defendant's property - Plaintiff is even silent about description, details and location of property - Broker through whom the offer..........
Civil Procedure Code, 1908, Order 22, Rule 3, 4 -- Abatement of suit/appeal - As and 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...........
