Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Ex parte decree - Setting aside - Service of summons through publication - Defendant denied service of summons or knowledge of suit - On denial, presumption regarding service of summons stood rebutted - Burden shifted upon plaintiff to prove that summons were served upon defendant..........
Civil Procedure Code, 1908, Section 151 -- Examination of opponent party as a witness - AIR 2000 Kerala 369 followed wherein held "that a party to the suit has not been conferred any specific right to summon the opposite party as a witness to be examined on his side - In the absence of any provision conferring such a right on a party to the suit, it must be held that there..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of written statement - Amendment sought to incorporate that petition u/s 9 of Hindu Marriage Act is not maintainable and Family Court has no jurisdiction to try the same - In the absence of any material on record, High Court unable to decipher as to whether trial has commenced when application for..........
Civil Procedure Code, 1908, Order 6, Rule 17, Hindu Marriage Act, 1955, Section 21 -- Amendment of plaint - Petition u/s 13 of Hindu Marriage Act - Amendment sought to incorporate certain facts which occurred during restitution of married life - Only subsequent events were brought by way of amendment - It cannot be said that these facts were in the knowledge of wife while..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Abatement of suit - Death of plaintiff - Wife and two sons of plaintiff not substituted without any explanation - Plaintiff No.2 not legal heir or representative of deceased plaintiff - Suit abates for non substitution of L.R's - However, suit was decided on merits in presence of plaintiff No.2 - Dismissal of suit on merits..........
Civil Procedure Code, 1908, Section 96, Order 41, Rule 1, 2, Civil Procedure Code, 1908, Order 1, Rule 10 -- Leave to file appeal - Suit for declaration of title - Rejection of application filed by mother of petitioner for impleadment U.O.1.R.10 CPC per se not a ground to reject application for leave to file appeal - As Appellate Court has to see as to whether petitioner..........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Without deciding the judgment and decree passed by learned trial Court on merits, Appellate Court cannot remand back the entire suit...........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Agricultural property - Suit for cancellation of sale deed - Dispute as to ownership of agricultural property still pending in revenue Court - Since civil Court has no right to decide the main relief of declaration and recognition of bhumidhari rights of disputed agricultural property, therefore..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for cancellation of sale deed - Only dispute between parties relating to facts as to whether disputed sale deed was executed by original owner or it was executed by any impostor - Said question is not a question of law but is a question of fact, that can be decided on the basis of evidence adduced by parties,..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Proceedings U.O.39.R.2-A CPC are separate and distinct and in case the same have commenced during pendency of suit or appeal, then subsequent dismissal of suit/appeal does not render the interim order passed earlier non est or without jurisdiction...........
