Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of subsequent suit - Partition suit - Earlier suit for partition was filed against father of plaintiff and a compromise decree was passed in such suit - However, plaintiff was not party to such suit and compromise in said suit was not recorded after complying with O.23.R.3-B CPC - Even, no share was..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of subsequent suit - Partition suit - Earlier suit for partition was filed against father of plaintiff and a compromise decree was passed in such suit - However, plaintiff was not party to such suit and compromise in said suit was not recorded after complying with O.23.R.3-B CPC - Even, no share was..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - While considering an application for amendment, it is only the proposed pleading which is to be taken into consideration - Merits of proposed amendment are not to be seen...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Proposed pleadings shows that they are based upon subsequent events and appear to be just and necessary for fair and complete adjudication of all disputes raised between parties and deserves to be allowed - Said proposed pleading is not required to be proved by evidence at this stage which..........
Civil Procedure Code, 1908, Section 2(11) -- Legal representative (LR) - LRs of a deceased are liable only to the extent of estate which they inherit...........
Civil Procedure Code, 1908, Section 50 -- Legal representative (LR) - Death of JD - Any decree which is relatable to the extent of property of deceased which has come to the hands of LRs and has not been duly disposed of, same would be liable for execution by a DH so as to compel LRs to satisfy decree - Even the decree for preventive injunction can also be executed against..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 4 -- Recording of evidence through video conferencing - Divorce proceedings - Husband sought permission to be cross-examined virtually/video conferencing, as he had been staying in Bangkok along with her teenaged daughter and ailing mother who has undergone knee surgery - Affidavit in chief U.O.18.R.4 CPC has already..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of first appellate Court - Non-framing of points for determination by first appellate Court - Provision of O.41.R.31 CPC is mandatory and if judgment of appellate Court does not follow provision of O.41.R.31 CPC, judgment is vitiated...........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of first appellate Court - Framing of points for determination by first appellate Court is only to enable it to concentrate and rivet its attention on controversy between parties and to facilitate the weighing and balancing of evidence, facts and considerations appearing on both sides and to arrive at a conclusion..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Scope - O.41.R.27 CPC applies to an appeal from an original decree and not an appeal from an order which is governed by O.43 CPC...........
