Civil Procedure Code, 1908, Order 14, Rule 1 -- Non-framing of an issues - Defendant did not file written statement and set ex parte - Question of framing of issues does not arise...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction - Status quo order - Order of status quo not be passed without clarifying which party is in possession of the property...........
Civil Procedure Code, 1908, Order 11, Rule 14, Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce petition on ground of cruelty - Production of documents - Documents sought to be produced pertains to educational course or earning of wife as teacher - These documents not related with ground taken by wife - Application rightly rejected...........
Civil Procedure Code, 1908, Order 23, Rule 1, 2 -- Withdrawal of suit with liberty to file fresh suit - Order allowing withdrawal of suit will not affect law of limitation - If a fresh suit is filed plaintiff is bound by the law of limitation as if the first suit had not been instituted...........
Civil Procedure Code, 1908, Order 6, Rule 1 -- Pleadings - If there is no pleadings even if best evidence are adduced, the same cannot have its evidentiary value...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Plaintiff successfully proved prima facie case, balance of convenience and irreparable loss in his favour - Nothing has been brought on record to show that defendants are either owners or in possession over property in dispute - Interim injunction rightly granted in favour of plaintiff...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for cancellation of gift deed - Defendant admittedly is owner of property in question who executed a gift deed in favour of her grand daughter - Plaintiffs on the other hand contended that defendant purchased the property out of funds of plaintiffs - Both the parties are yet to lead their..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of pendente lite purchaser - Partition suit - Proposed defendant purchased property during pendency of suit and that too when injunction was operating against all defendants - Said alienation is hit by S.52 of T.P Act - Proposed defendant is not a necessary party to enable Court to effectively and completely..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of pendente lite purchaser - Partition suit - In a suit of partition at the stage of passing of a preliminary decree, only question that needs to be adjudicated by trial Court is whether property in question is a coparcenary property or a joint family property - For declaration of such shares at preliminary stage..........
Criminal Procedure Code, 1973, Section 438, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12(1) -- Juvenile - Anticipatory bail - Juvenile not entitled to move application for anticipatory bail in absence of specific provision in the Act of 2015...........
