Civil Procedure Code, 1908, Section 151 -- Application seeking directions to wife to shift to an alternate accommodation being offered by husband - Divorce proceedings - Wife is residing in tenanted premises which need to be vacated on account of its dilapidated condition as also eviction notices being received by husband from lessors - When husband requires urgent orders..........
Civil Procedure Code, 1908, Order 41 -- Appeal - Court cannot create any new case at appellate stage for either of the parties - Appellate Court is supposed to decide the issues involved in the suit based on the pleadings of the parties...........
Civil Procedure Code, 1908, Section 11, Order 2, Rule 2 -- Bar of subsequent suit - Earlier suit for declaration filed by plaintiffs at the time when cause of action to seek specific performance had not materialized in their favour, cannot defeat their subsequent suit applying principle of constructive res judicata...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of advocate Commissioner - For determining the physical features of property, an Advocate Commissioner can be appointed but not for verifying and gathering evidence as to who is in possession of property...........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 9 -- Appointment of Local Commissioner - Application filed to collect evidence in support of his case - Plaintiff cannot be permitted to involve Court to hunt for evidence - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 23, Rule 1A -- Transposition of defendant as plaintiff - Plaintiff not abandoned or withdrawn the suit - There is no question of transposition of defendant as plaintiff - However, if at any stage, plaintiff seeks to withdraw or abandon the claim or is not conducting the suit further, then at that stage, it will be open for trial Court to..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - At the stage of deciding such application, only the contents of plaint are to be seen...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Averments in the plaint are sufficient to proceed against defendant - It cannot be said that suit is barred or that there is no cause of action against defendant - Application U.O.7.R.11 CPC rightly rejected...........
Commercial Courts Act, 2015, Section 2(1)(iv), 6, 15, Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Not a commercial dispute - Agreement does not suggest that it was for trade or commerce - Prima facie do not make out a commercial deal consequently a commercial dispute - Application for return of plaint rightly dismissed...........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Exhibiting a document - Marking of documents itself will not amount to admission of documents - They are being marked as exhibits...........
