Civil Procedure Code, 1908, Order 14, Rule 2, Civil Procedure Code, 1908, Order 20, Rule 5 -- Suit time barred against some of defendants - Pronouncement of judgment - If Court after hearing on a preliminary issue finds that suit cannot be proceeded against some of defendants, it shall immediately pronounce judgment dismissing the suit as against them and shall pass a..........
Civil Procedure Code, 1908, Order 14, Rule 2, Civil Procedure Code, 1908, Order 20, Rule 5 -- Suit time barred against some of defendants - Pronouncement of judgment - Court ought to have entered a finding that suit is not maintainable against some of defendants and accordingly pronounced a judgment and passed a decree - Passing of an order that defendants were..........
Civil Procedure Code, 1908, Order 14, Rule 2(2) -- Preliminary issues - Should either relate to jurisdiction of Court or a statutory bar...........
Civil Procedure Code, 1908, Order 14, Rule 2(2) -- Preliminary issue - Maintainability of suit - When result of finding on preliminary issue is that suit is not maintainable, it brings an end to litigation between parties - Court shall pronounce judgment in such case - Court need not pass an order first and thereafter, a separate judgment on its basis - It can be a..........
Civil Procedure Code, 1908, Section 33 -- Judgment and decree - Decree is passed only if adjudication conclusively determines the rights of parties with regard to all or any of matters in controversy in suit - An adjudication which does not conclusively determines the rights of parties, is not a decree - If it is not a decree, grounds on which it is passed is not a..........
Civil Procedure Code, 1908, Order 13, Rule 3, 4, 7 -- Admissibility of a document - Entirety dependent upon recitals contained in the document - Nomenclature given to the document is not decisive factor - Nature and substance of the transaction has to be determined with reference to the terms of the document...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of notice of motion - Grant of - Challenge as to - Suit for administration of estate of deceased - Appellant being highest bidder, sale process had already been confirmed and execution of document was directed in his favour - Since, vested right had been created in favour of appellant/bidder - Defendants could not..........
Civil Procedure Code, 1908, Order 21, Rule 97, 101 -- Execution - Decree for specific performance - Third party objections - Application for impleading in the suit dismissed - Order not challenged - Obstructers therefore not entitled to obstruct the decree in execution petition, more so when rights of some of obstructers were resolved in individual suits filed by them...........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Interim injunction - Order issuing notice by trial Court without granting ex parte injunction, with or without recording reasons, is appealable U.O.43.R.1 CPC...........
Hindu Marriage Act, 1955, Section 24, Civil Procedure Code, 1908, Section 11 -- Maintenance pendente lite - Subsequent application seeking enhancement of alimony in separate proceedings owing to changed circumstances - Application under changed circumstances is not hit by res judicata - Maintenance pendente lite enhanced from Rs.5,000/- to Rs.8,000/-...........
