Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file fresh suit - Ground invoking the provision is that amount has been withdrawn by defendant no.4 - Defect so spelled out in the application does not fall within the ambit of expression formal defect - Order allowing application set aside - Suit restored...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Plaintiff by way of amendment wants to question the validity of Will, on the basis of which defendant sought to have suit dismissed - Without determination of question of Will and its genuineness, partition of suit property would not be possible - Application for amendment rightly..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Law as to : (i) All amendments are to be allowed which are necessary for determining the real question in controversy provided it does not cause injustice or prejudice to the other side; (ii) applications U.O.6.R.17 CPC should be ordinarily allowed if amendment is for effective and proper adjudication..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Jurisdiction U.O.41.R.27 CPC cannot be exercised where evidence sought to be produced by way of additional evidence was withheld intentionally...........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13 -- Ex parte divorce decree against wife - Setting aside - Wife had not been able to render satisfaction that she had been prevented by any sufficient cause from appearing - She did not seek before Family Court right to be represented by legal practitioner - Wife appointed one and entered..........
Civil Procedure Code, 1908, Section 92 -- Suit u/s 92 CPC - Civil Judge is not the Principal Civil Court of original jurisdiction and has no jurisdiction to entertain a suit u/s 92 CPC or S.2 of Religious Endowments Act, as Principle Civil Court of original jurisdiction...........
Civil Procedure Code, 1908, Section 92, Religious Endowments Act, 1863, Section 2 -- Suit u/s 92 CPC and S.2 of 1983 Act in the State of UP Can only be filed in the Court of Principal Civil Court of original jurisdiction i.e the Court of District Judge and not in any other Court - District Judge can decide the suit himself or he may transfer it to an Additional District..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Perusal of written statement makes it clear that counter claim was part of written statement - No formal order for taking the same on record is required to be passed...........
Civil Procedure Code, 1908, Order 14, Rule 1, 2, Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Issues - Counter claim having been filed, an issue qua the same was mandatorily required to be framed...........
Civil Procedure Code, 1908, Order 14, Rule 1, 2, Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Issues - Application filed to frame issue qua counter claim after final arguments were heard - Trial Court to frame an issue qua counter claim but defendant would not be at liberty to lead any evidence at this stage qua said issue and Court to decide the issue..........
