Civil Procedure Code, 1908, Order 9, Rule 4 -- Dismissal of suit U.O.9.R.4 CPC - Plaintiff has both the remedies of filing of fresh suit or application for restoration of suit in case of dismissal of suit U.O.9.R.4 CPC - However, if he chooses one remedy, he is not debarred from availing himself of other remedy - Both these remedies are simultaneous and would not exclude..........
Civil Procedure Code, 1908, Section 11, Order 9, Rule 2, 3 -- Dismissal of suit in default U.O.9.Rr.2, 3 CPC - Res judicata - An order of dismissal of a suit or application in default U.O.9.R.2 or U.O.9.R.3 CPC is neither an adjudication or a decree nor it is an appealable order - If that is so, such order of dismissal of a suit U.O.9.R.2 or U.O.9.R.3 CPC does not fulfill..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - For application of principle of res judicata, there must be an adjudication of an issue in a suit by a Court of competent jurisdiction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Extended from time to time - Revisional Court stayed all further proceedings of the suit till disposal of revisional application - Stay order cannot be construed to debar trial Court from taking up interlocutory applications as well - Trial Court directed to dispose of injunction application as..........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Challenge as to - Once Court passes a compromise decree after satisfying itself that suit has been adjusted by a lawful compromise, decree cannot be challenged in an appeal as no appeal lies against a compromise decree...........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Challenge as to - Compromise decree cannot be challenged by filing a fresh suit as there is a bar on filing a fresh suit challenging the consent decree on the ground of legality of compromise U.O.23.R.3-A CPC - Only remedy against a compromise decree is to file a recall application before the Court that..........
Civil Procedure Code, 1908, Section 11, Order 2, Rule 2 -- Bar U.O.2.R.2 CPC - Res judicata - Suit for declaration that compromise deed is null and void and for partition - Suit is barred U.O.2.R.2 CPC as it did not include all the properties which were part of their earlier suit - Even, suit is hit by principles of res judicata or by constructive res judicata as..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Title suit - Concurrent findings of trial Court as well as first appellate Court that plaintiff had right, title and interest over suit property - Findings of fact sans any perversity cannot be interfered with in second appellate stage - Suit rightly decreed - Second appeal dismissed...........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Convenience of wife has to be taken into consideration than that of inconvenience of husband in matrimonial proceedings...........
Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - Wife has been residing separately along with her child aged about 11 years at her parental house - Convenience of wife has to be taken into consideration than that of inconvenience of husband in matrimonial proceedings - Divorce case transferred to the place where wife is residing in her parental home..........
