Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Condonation of delay - Ex parte preliminary decree - Suit for recovery of money - Preliminary decree passed after defendants have cross-examined PWs 1 & 2 at length - It cannot be said that it is an ex parte decree - Defendants failed to adduce evidence in spite of sufficient time being..........
Evidence Act, 1872, Section 118 -- Child witness - Recording of evidence - Before recording evidence of a minor, it is duty of Judicial officer to ask preliminary questions to him with a view to ascertain whether minor can understand the questions put to him and is in a position to give rational answers...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Specific finding recorded by Court below that Apex Court extended the limitation period because of COVID-19 pandemic, therefore suit is not time barred - However, if written statement is filed by defendant and ground of limitation is pleaded therein, a preliminary issue regarding..........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issues - Can be those where no evidence is required and on the basis of reading of plaint or applicable law, if jurisdiction of Court or bar to suit is made out, Court may decide such issues with sole objective of expeditious decision...........
Civil Procedure Code, 1908, Section 11, Order 14, Rule 2 -- Preliminary issues - Issue of res judicata is a mixed issue of fact and law and it cannot be decided as a preliminary issue - It has to be decided on proper pleadings and evidence of parties...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Pleas raised cannot be appreciated properly without recording evidence - At this stage when suit is at preliminary stage, it cannot be said that plaint does not disclose any cause of action or that suit is barred by limitation - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - It is one where no evidence is required and on the basis of reading of plaint or applicable law, if jurisdiction of Court or bar to suit is made out, then such issue is required to be decided in the first instance so that process of civil court is not abused by the litigants, who may approach civil court..........
Arbitration and Conciliation Act, 1996, Section 11, 8 -- Appointment of arbitrator - Limitation which concerns admissibility of claim, must be decided by arbitral Tribunal either as a preliminary issue or at the final stage after evidence is led by parties...........
Hindu Succession Act, 1956, Section 6 - - Daughter - Devolution of interest in coparcenary property : (i) The provisions contained in substituted S.6 of the Hindu Succession Act, 1956 confer status of coparcener on the daughter born before or after amendment in the same manner as son with same rights and liabilities; (ii) The rights can be claimed by the daughter born..........
Hindu Succession Act, 1956, Section 6 -- Daughter - Devolution of interest in coparcenary property - Plea of partition - Expression used in Explanation to S.6(5) `partition effected by a decree of a court' means final decree and not a preliminary decree of partition - Even if partition is supported by a registered document it is necessary to prove it had been given effect..........
