Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to incorporate prayer in the suit for declaring Will null and void - However, said relief barred by law of limitation - Suit can be instituted after expiry of prescribed period of limitation with exemption from limitation law U.O.7.R.6 CPC - There is no such prayer and pleading on behalf..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Counsel pleading no instructions - Notice to defendant not given - Defendants should be given a chance to contest the suit on merits - Ex parte decree set aside subject to payment of costs of Rs.10,000/-...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Concurrent findings of fact - When two Courts below have recorded concurrent findings of fact against plaintiffs, which are based on appreciation of facts and evidence, such findings being concurrent in nature are binding on High Court - It is only when such findings are found to be against any provision of law or..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Concurrent findings of fact - When two Courts below have recorded concurrent findings of fact against plaintiffs, which are based on appreciation of facts and evidence, such findings being concurrent in nature are binding on High Court - It is only when such findings are found to be against any provision of law or..........
Evidence Act, 1872, Section 58, 17 -- Admission - Adoption - Partition suit - Judicial admission of earlier suit on record that plaintiff is adopted son of one `M', which was reinforced by admissions of PW2, plaintiff's own witness - PW2 admitted that said `M' had no issues and about 40-50 years back, `M' adopted plaintiff and properties of `M' were given to plaintiff -..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband contended that wife nowhere pleaded in her application that he is unable to maintain herself - However, there is specific pleading in the application that wife is facing great scarcity of funds and she has to arrange money for day to day expenses of household - Said averments gives no other meaning..........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Pleading and proof - Evidence beyond pleadings - Not to be taken on record and if it is taken then it is to be ignored...........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Pleading and proof - Customary divorce - Custom which stands as an exception to general law of divorce assumes form of a material fact, as it constitutes cause of action and therefore, it is required to be pleaded specifically and also established by party propounding it...........
Hindu Marriage Act, 1955, Section 29(2) -- Customary divorce - If there is a pleading that first marriage was dissolved by following a custom or usage applicable to or prevailing in community of party pleading, custom or usage must be proved to have acquired force of law by its consistent following by members of that community and that it is not unreasonable or against..........
Hindu Marriage Act, 1955, Section 29(2) -- Customary divorce - Entry in notary register regarding execution of divorce deed - Would not itself prove contents of divorce deed and also fact that divorce deed was executed as per custom or usage and having force of law, which facts are required to be proved independently through evidence of those having personal knowledge of..........
