Civil Procedure Code, 1908, Order 14, Rule 1, Civil Procedure Code, 1908, Order 41, Rule 23A, Hindu Marriage Act, 1955, Section 13(1)(ia) -- Issues - Omission to frame an issue regarding cruelty - When one party affirmed a fact or law and denied by other, Court is bound to frame an issue or point of consideration depending upon pleadings on record - Trial Court failed to..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of third parties as co-plaintiffs - Where substantial relief sought for is against a dead person, applicants/third parties have no locus standi or legal right for seeking an order to implead them in suit and cannot raise a plea that plaint should not be rejected U.O.7.R.11(a), (d) CPC - Third parties, held, not..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Law with regard to amendment of pleadings is very liberal - Amendments are freely allowed as may be just and for determining the real question in controversy between parties - Courts should not go into factual correctness or falsity of case in amendment and merits of amendment are not to be adjudged at..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 7, Rule 11 -- Amendment of pleadings - An application U.O.6.R.17 CPC cannot be refused to be entertained while application U.O.7.R.11 CPC is still pending provided it is shown to be bona fide and meeting other requirements of law on the basis of which amendment is permissible...........
Civil Procedure Code, 1908, Section 100, Transfer of Property Act, 1882, Section 43 -- Second appeal - Doctrine of `feeding the grant by estoppel' - Benefit of right and title u/s 43 of T.P.Act cannot be claimed for the first time in second appeal without there being any foundation in pleadings and without any evidence being mixed question of facts and law and not being..........
Demurrer -- Meaning - Act of objecting or taking exception or protest - It is pleading by party to legal action that assumes truth of matter alleged by opposite party and sets up that it is insufficient in law to sustain his claim or some other defect on face of pleadings constituting legal reason why opposite party should not be allowed to proceed further...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Failure to frame substantial question of law - Held, High Court has committed a grave error in procedure by not framing substantial question of law and setting aside judgment and decree of first appellate Court - Finding of fact recorded by first appellate Court on contentious issues was based on re-appreciation of..........
Expunction of remarks -- Expunging remarks against Advocate - While deciding lis conduct of counsel not to be commented upon nor mala fide should be imputed against the counsel who is an Officer of Court - It is within jurisdiction of trial Court to decide the lis in accordance with law but not to introduce foreign matter not contemplated in pleadings - All references..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Parties neither pleaded nor argued before Family Court that their marriage was legally dissolved as per custom and usage prevailing in their caste and community - On the contrary they specifically pleaded their ignorance about procedure recognized under law for dissolution of marriage - Customary divorce..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment at appellate stage - Amendment sought claiming tenancy rights over whole property - Suit contested for 21 years but no steps taken to get written statement amended - Amendment sought at appellate stage only to fill in lacuna in defence - It is settled law that legal argument cannot be converted..........
