Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Provision of O.21.R.97 CPC is meant to protect the possession of a third party whose possession is lawful and such a person cannot be evicted on the basis of decree in which they were not party...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - O.21.R.97 CPC is not meant to protect the possession of a person who is not a third party and does not have any independent right and does not claim his possession based upon his independent right over the suit property...........
Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - At the instance of wife - Wife is residing at Rajsamand - Husband filed divorce petition at Udaipur - Wife living with aged parents as such it is very difficult for her to travel to Udaipur from her residential place at Rajsamand - In matrimonial proceedings, convenience of wife has to be considered..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of memo of appeal - Application for amendment filed by defendant was already dismissed by first appellate Court on the ground that said ground has already been raised by defendants in their memo of appeal and issue in that regard was already framed by trial Court - Application filed by defendant was nothing more..........
Civil Procedure Code, 1908, Section 89, Court Fees Act, 1870, Section 16 -- Refund of Court fee - Compromise - Compromise has been entered into between parties before Mediation and Conciliation Centre - Applicant is entitled to refund of Court fee...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for permanent injunction solely based on agreement to sell - Agreement to sell is not a conveyance and it does not transfer ownership rights or confer any title - There is no other document on which reliance is placed by plaintiff - Any of three ingredients for grant of temporary injunction are..........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Report of Advocate Commissioner - Objections - Dispute is completely factual and trial Court in its order has considered each and every issue raised by plaintiff - Advocate Commissioner was also put to cross-examination and trial Court has also discussed the points taken up in cross-examination - There being no discrepancy..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - S.10 CPC only talks about stay on trial and not on the institution...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Encroachment - Court below on basis of report of Mauka Commissioner and while considering other material available on record, has reached to prima facie conclusion that comparative measurements of land purchased by plaintiff and measurements of patta issued in favour of `R' from whom..........
Civil Procedure Code, 1908, Section 24 -- Transfer of a case - Jurisdiction of District Court and High Court is concurrent u/s 24 CPC - When a petition for transfer before District Court fails, party applying may approach concurrent jurisdiction of High Court, under the same provision but the party opposing would be precluded from approaching the High Court u/s 24 CPC to..........
