Civil Procedure Code, 1908, Order 12, Rule 6, Civil Procedure Code, 1908, Order 15, Rule 1, Civil Procedure Code, 1908, Order 20, Rule 5 -- Judgment on admission - Framing of issues - Necessity of - Held, necessity to frame issues, much less to record evidence is obviated in cases where claim of plaintiff is admitted by defendants at threshold - If admission is in its..........
Representation of the Peoples Act, 1951, Section 83(1)(c), Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Section , Order 6, Rule 15 -- Election partition - Defect in verification and non-supply of documents - Effect - Held, defect in verification is curable - But non supply of documents does not furnish basis for rejection of election petition..........
Civil Procedure Code, 1908, Order 32, Rule 1, 15 -- Plaintiff when minor or of unsound mind - Suit in his name can be filed by next friend without an order from Court regarding appointment of next friend - However, when defendant is minor or of unsound mind, then appointment of guardian of such defendant is required to be made by Court...........
Civil Procedure Code, 1908, Order 21, Rule 16, Specific Relief Act, 1963, Section 15(b) -- Decree for specific performance - Enforcement by assignee - Held, implied prohibition against assignment of a transfer of a right cannot be inferred unless words or expression in the document clearly indicate such prohibition - If in the document, there is no such prohibition, the..........
Civil Procedure Code, 1908, Order 6, Rule 15(c) -- Plaint - Verification - Affirmation not specifying separately the facts true to personal knowledge and true to belief - Held, these defects are only procedural in nature - An opportunity should be given to plaintiff to rectify it...........
Civil Procedure Code, 1908, Order 32, Rule 15 -- Suit filed by person of unsound mind through his next friend - Plaintiff not adjudged to be of unsound mind either under Mental Health Act or in any other proceedings - Held, it was essential for the trial court to conduct inquiry to ascertain about the mental infirmity of plaintiff rendering him incapable to protect his..........
Civil Procedure Code, 1908, Order 32, Rule 15 -- Deafness - Nothing on record to show that petitioner on account of deafness is unable to communicate with others or is incapable of protecting his interest - Defendant working as Lambardar of the village for the last 20 years - A person who is working as Lambardar of a village for 20 years cannot be said to be of unsound..........
Civil Procedure Code, 1908, Section 99, Order 6, Rule 15 -- Plaint - Omission to verify or defective verification - Held, it can be regularized at a later stage - It is a curable defect and not a fatal one...........
Civil Procedure Code, 1908, Order 6, Rule 15 -- Verification of pleadings - Sufficient compliance - Held, merely by stating that the statement made in this paragraph are true on the basis of information received or belief to be true is sufficient compliance and is not necessary in the verification clause to disclose the grounds or source of information with regard to..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 12, 15 -- Ex parte decree - Setting aside - Service of summons on adult son of defendant - No reason given as to why summons was served upon son and not upon the defendant - Service of summons on adult member of family pre-supposes long absence - In case of service of summons on adult..........
