Hindu Marriage Act, 1955, Section 13(1)(a), 5(i), Civil Procedure Code, 1908, Order 14, Rule 2(2) -- Divorce - Second marriage in between the same spouses - First marriage registered in Singapore and second marriage, in between the same spouses, solemnized in India - Question as to which is the valid marriage - If a valid marriage is established between the spouses on a..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10 -- Impleading of a party - Transferee pendente lite - Vendor has lost interest in suit property and is not pursuing the lis - There is apprehension that suit would go uncontested - Moreover, subsequent purchaser has already been impleaded in the connected suit - Court below was not..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Mis-description of boundaries - Boundaries would prevail over survey number and extents and same can be corrected for no change of boundaries - Moreover, it would not change or alter the nature of suit or against the action - No prejudice will be caused to defendants - Impugned order of trial Court..........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 9 -- Local commissioner - Suit for injunction - To note down physical features of suit property - Apprehension of defendant that plaintiff in guise of obtaining injunction, might encroach into his land - Held, mere noting down physical features, it is well nigh impossible to someone to say that a particular land is in..........
Civil Procedure Code, 1908, Section 20(c), Order 7, Rule 10 -- Territorial jurisdiction - Cause of action - Recovery suit - Execution of loan agreement and default in payment of EMIs under loan agreement arrived at within jurisdiction of trial Court - Place where contract is executed and payments were made, form a part of cause of action - Trial Court is bound to entertain..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10, Transfer of Property Act, 1882, Section 52 -- Impleadment of party - Suit for specific performance - Transferee pendente lite - (i) a subsequent purchaser is a necessary and proper party; (ii) after sale, the owner can lose interest in litigation, thus it can adversely affect the..........
Civil Procedure Code, 1908, Order 37 -- Appearance in suit - Filing of vakalatnama would amount to appearance in as much as there is no mandate and compulsory form which must be filed as an appearance in suit...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration and partition - Plaintiffs admitted execution of Will by their deceased father and to the fact that suit premises was his self acquired property - Held, thereafter there does not exist any cause of action in favour of plaintiff to institute the suit, nor do they have locus standi to..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend would be granted if it is shown that defendants are raising triable issues and their plea is at least bona fide and plausible and not sham or illusionary or practically moonshine...........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Recovery suit - Leave to defend - Suit based on various bills and purchase orders, which have been placed on record - Defendant signed and acknowledged the receipt, amounts payable and contents of such bills raised by plaintiff enumerating all contractual obligations including payment terms agreed between parties, taking..........
