Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend - Sum of Rs.30 lakhs paid by plaintiff to defendant on execution of promissory note - Defendant denied owing anything to defendant - Plea also taken that promissory note is forged and fabricated - Plea without substance being not based on any probable defence - Trial Court granted leave to..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Failure to frame an issue - Not always fatal to suit, provided Court has understood the case of plaintiff and defendant and framed certain issues which in fact covers all the pleadings and contentious facts stated by plaintiff and defendant...........
Civil Procedure Code, 1908, Section 21 -- Jurisdiction - Objection - Merely because suit property is beyond the pecuniary jurisdiction of trial Court, same would have no bearing on the validity of judgment and decree passed by it, more particularly, when respondents failed to question the judgment and decree so passed on the ground that there has been prejudice on merits...........
Civil Procedure Code, 1908, Order 38, Rule 5, Transfer of Property Act, 1882, Section 52 -- Attachment before judgment - Transferee pendente lite - S.52 of T.P.Act would apply only in a suit wherein any right to immovable property is directly and specifically in question - If there is no application of S.52 of T.P. Act, in a suit, there cannot be any scope for impleadment..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - There is no provision anywhere in CPC for impleading the owner of property under attachment before judgment as a party to suit - Making the strangers/owners of property under attachment before judgment as additional defendants on application of plaintiffs would really amount to denying them..........
Civil Procedure Code, 1908, Section 64 -- Private alienation of property - S.64 CPC has no application in the suit of recovery of money, where the transfer effected over immovable property is prior to attachment before judgment...........
Civil Procedure Code, 1908, Order 32, Rule 3A -- Decree against minor - Cannot be set aside merely on ground that next friend or guardian of minor has interest in subject matter of suit adverse to that of minor - Whereas, it has to be shown that prejudice is caused to interest of minor...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree set aside after condoning delay of 3690 days - Suit for declaration that marriage between parties is null and void and petitioner was not the father of child/respondent No.2 - Guardian ad litem not appointed by Court - Mother represented minor and has appeared, contested and filed objection on her behalf and..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Suit for possession by way of redemption - Once defendants has made admission in their written statement filed before trial Court and has produced documentary and oral evidence, with view to prove their pleaded case before trial Court, their application U.O.6.R.17 CPC before first appellate..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Documents sought to be produced by way of additional evidence part of public record - However, application of applicant is completely silent as to when applicant has derived knowledge of documents - Moreover, if those documents were part of public record, applicant by exercising due..........
