Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Divorce petition - Marital dispute between parties - There is thus, cause of action to file divorce petition - Application rightly rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Divorce petition - Both the parties are residents of USA - However, husband is claiming to be resident of place at `G' and `G' is the last place of residence of parties - Trial Court thus, has jurisdiction - Even, otherwise if trial Court lacks jurisdiction, said fact cannot be decided in an application..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 97, 98, 99, 100, 101 -- Execution - Third party objections - Decree for specific performance - Relief sought for by petitioner is the same relief which was earlier sought by him in suit for declaration and in application for temporary injunction which already stood rejected on merits - Even, other siblings of..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Provision contained U.O.12.R.6 CPC is not mandatory in nature - Said provision merely confers a discretionary power upon Court to pronounce judgment and decree on basis of admissions made by parties - Use of expression "may" in the Rule, rather than "shall," indicates that power is enabling and..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Court must, in each case satisfy itself that admission relied upon is complete, definite and incapable of any other interpretation before invoking said provision...........
Civil Procedure Code, 1908, Order 21, Rule 11(2) -- Execution - Decree holder himself need not make an application for getting decree executed - Same may be moved by some other person proved to satisfaction of Court who is well acquainted with facts of case and application contains in a tabular form, the particulars enumerated in O.21.R.11(2) Clauses (a) to Clause (j)...........
Civil Procedure Code, 1908, Order 21, Rule 11(2) -- Execution - Signing and verification of execution application cannot be equated with that of verification of pleading as mandated U.O.6.R.15 CPC - Application for execution of decree can be moved by signing and verifying either by decree holder or by some other person proved to satisfaction of Court to be acquainted with..........
Civil Procedure Code, 1908, Section 24 -- Transfer of a case - Petitioner seeking transfer of a case from one Court to other does not have to establish actual bias, what is required is that petitioner seeking transfer must have a reasonable apprehension of bias...........
Civil Procedure Code, 1908, Section 24 -- Transfer of suit - Merely because one of parties in its pleadings (that too before a Court other than Court where subject suit is pending) alleges that other side deliberately enhanced valuation of suit to ensure that suit comes out of jurisdiction of concerned trial Court, it cannot be overstretched to mean that party making such..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Where several reliefs are sought in suit, if any one of reliefs is within the period of limitation, plaint cannot be rejected as barred by law by taking recourse to O.7.R.11 CPC...........
