Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 21, Rule 17 -- Amendment of execution petition - Amendment was only to bring execution petition in line with final decree passed by Court - More so, executing Court has rendered certain findings and has held that unless execution petition is amended, decree cannot be executed - Application..........
Civil Procedure Code, 1908, Order 16, Rule 10 -- VRO attended Court instead of Tehsildar and stated that documents are not available - Thereafter matter was adjourned for production of documents - Ultimately Court closed the evidence on the premise that suit is an old matter - Merely because it is an old matter, Court should not have closed the evidence, more particularly..........
Civil Procedure Code, 1908, Order 16, Rule 10 -- Summoning of witness - Once the documents are produced before Court, though they are public documents, concerned witness who produced the documents needs to be examined to prove authenticity of documents...........
Civil Procedure Code, 1908, Section 2(4), General Clauses Act, 1897, Section 3, 17 -- District Court - District Court with family jurisdiction would be a Principal Civil Court of original jurisdiction as per S.2(4) CPC and Ss.3, 17 of General Clauses Act...........
Family Courts Act, 1984, Section 7, 8 -- Jurisdiction of family Court - Plaintiff is seeking a decree of divorce/talaq by Matrimonial suit which he had filed before Civil Judge (Jr. Div.) - In absence of Family Court in District, only competent authority to deal with such matrimonial matter is District Judge or Civil Court - Civil Judge (Jr. Div) had no such authority or..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of subsequent purchaser - Subsequent purchaser is often considered as proper party although not always a necessary party without whom suit cannot proceed...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of subsequent purchaser - Suit was filed for declaration of title and plaintiff disputed the right and title of defendant over suit property - When such is the case, transfer of property or selling part of suit property to proposed party during pendency of suit proceeding is subject to Doctrine of Lis Pendens..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration and permanent injunction - Plaintiffs by virtue of proposed amendment seek to change their entire flow of title and source of ownership - By deleting earlier substantial paragraphs of plaint and attempting to substitute them with newly fabricated and vague averments, plaintiffs are..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration and permanent injunction - Plaintiffs sought to change genealogy of joint family of their ancestors on the ground that they were not aware of same at the time of filing of suit - Said contention of plaintiffs is not believable and they must be vigilant to describe correct genealogy..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - If amendment sought affects rights of defendants, it cannot be permitted...........
