Civil Procedure Code, 1908, Order 14, Rule 1, 2, Hindu Marriage Act, 1955, Section 9, 13 -- Petition for restitution of conjugal rights - By amendment petition converted to a petition for divorce on ground of desertion - Parties contested the proceedings for grant of divorce - Decree of divorce granted - Held, mere failure in framing an issue with regard to restitution of..........
Agreement to sell -- Specific performance - Suit property whether ancestral property or not - Inspite of statement by defendant additional issue to this effect not framed - Said issue is wholly relevant and significant for the effective disposal of suit - Matter remanded to trial Court for framing additional issue and to decide the status of property after affording..........
Court Fees Act, 1870, Section 7(iv)(c), (v)(e), Civil Procedure Code, 1908, Order 7, Rule 11 -- Filing of declaratory suit in which consequential relief of injunction sought - Valuation of court fee - Held, plaint for purpose of court-fees and jurisdiction is required to be valued in accordance with S.7(iv)(c), (v)(e) of Act on market value of suit property - Plaintiff not..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Limitation - Raises a mixed issue of law and fact - Plaint cannot be rejected on the ground of limitation without framing an issue and being tried before the Court...........
Civil Procedure Code, 1908, Order 7, Rule 11(b) -- Rejection of plaint - Want of correct valuation for purpose of court fee - Court is not in a position to determine correct valuation of built up structure referred in plaint - Held, plaint cannot be rejected U.O.7.R.11 of the Code for want of correct valuation for purpose of court fee - Trial Court while framing issues..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 40, Rule 1(S - - Preliminary issue of jurisdiction - If objection to the jurisdiction is raised by the defendants at the time of hearing of the Application for temporary injunction or application for appointment of Court Receiver, it is duty of Court to decide the said objection after..........
Civil Procedure Code, 1908, Order 14 -- Framing of issues - An issue arises where a particular fact or proposition of law is asserted by one party and denied by the other - Primary object of framing issues in a suit is to ascertain the controversy and rival contentions between the parties...........
Civil Procedure Code, 1908, Order 14, Rule 2, Limitation Act, 1963, Article 65 -- Adverse possession - Limitation - Framing of issue - Case of plaintiffs is that they are owners of suit plot - Defendants claimed that they are in possession of same and acquired title to it by adverse possession - Framing of issue of limitation - Held, since the suit based upon title is..........
Civil Procedure Code, 1908, Order 8, Rule 6, 6A -- Counter claim - Question of limitation - Can be decided only after framing an issue and cannot be decided on an priori basis, purely on affidavits...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Framing of an issues - Held, only when there is an assertion of fact and denial of same by the other party which gives rise to an issue, leading to an issue being framed in that regard...........
