Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court has to decide the application U.O.7.R.11 CPC taking the preposition that averments made in plaint only requires to be looked into - Defence or the averments made in the application has no legs to stand...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action pleaded by plaintiff is illusory and under the illusory cause of action, vexatious suit is filed - If cause of action is found to be vexatious and meritless and not disclosing a clear right to sue, plaint may be rejected...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of intervenor - Probate proceedings - Petitioners/intervenors are step sons of testatrix - Testatrix died during lifetime of her husband - In case probate is not granted to the sons of testatrix, property devolves upon her sons, daughters and her husband - If the property devolves upon husband, naturally..........
Hindu Marriage Act, 1955, Section 13(1)(ia), Civil Procedure Code, 1908, Order 1, Rule 10 -- Divorce petition filed by husband on the ground of cruelty - Plea of illicit relationship of husband - Wife seeking impleadment of adulterer - When decree of divorce is not sought against wife on the ground of adultery, then adulterer is not a necessary party - Application for..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Can be filed after filing of written statement, but it should be filed before framing of issues...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Review petition cannot be permitted to be filed to reargue and reagitate the matter...........
Civil Procedure Code, 1908, Section 60(kb) -- Execution - Exemption from attachment - Money received by JD/wife under policy of insurance on the life of deceased/husband or house purchased by her by utilizing that amount, could not be put to auction or sale...........
Civil Procedure Code, 1908, Order 16, Rule 14 -- Court witness - Court is not obligated to invoke power U.O.16.R.14 CPC at the instance of parties and parties have no right to move an application under said rule - However, either of parties can bring to notice of Court the necessity for examining any person as Court witness - If Court is satisfied about such a necessity to..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment to advocate Commissioner - Suit for declaration of right and title over suit property and injunction - Burden of proof is always on plaintiff to establish his lawful title and possession over suit property - So the question of localization of suit property and noting down the physical features of property by..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Plaintiff asserts that defendant had constructed over his land and defendant denied this fact - There is no dispute regarding boundary or identity of land - Parties have adduced evidence - Defendant has also produced a demarcation report - Justification for seeking demarcation through Local..........
