Civil Procedure Code, 1908, Order 7, Rule 11, 10 -- Rejection of plaint - Application filed U.O.7.R.11 CPC attracting provision of O.7.R.10 CPC - Same treated to be one U.O.7.R.10 CPC - Trial Court directed to return the plaint to submit the same before Family Court...........
Civil Procedure Code, 1908, Order 7, Rule 11, 10, Family Courts Act, 1984, Section 7 -- Return of plaint - Petition for appointment of guardian in respect of minor - Filed in District Court - Whereas jurisdiction lies with the Family Court - Petition filed U.O.7.R.11 treated as one U.O.7.R.10 CPC and trial Court directed to return the plaint to submit the same before..........
Civil Procedure Code, 1908, Section 151, Order 12, Rule 6 -- Judgment on admission - Recovery suit - Defendant has not admitted any liability towards plaintiff's claim in his written statement - In fact endeavour of defendant in his written statement is that he has to recover the amount from plaintiffs - One stray sentence from written statement cannot be taken out of..........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Non-payment of lease money - Defendants cannot escape/evade their liability to pay arrears of lease money on the ground that plaintiff had failed to comply with terms and conditions enumerated in lease deed - Defence of defendant rightly struck off...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Resistance to execution of decree by a party against whom no decree has been rendered, would amount to abuse of process - Application u/s 47 CPC rejected...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for declaration that sale deeds are null and void - Restraining defendant from raising any construction and transferring suit property in favour of a third party - Possession of defendant No.1 over suit land is clearly established vide sale deeds in question and as per mutation entry - No prima..........
Civil Procedure Code, 1908, Section 151, Order 16, Rule 1, 2 -- Summoning of witnesses - Suit for cancellation of gift deed - Gift deed was executed before Sub-Registrar - Examination of Sub-Registrar is necessary for proper and effective adjudication of suit - Application allowed...........
Civil Procedure Code, 1908, Section 24, 151 -- Transfer of divorce petition at the instance of wife - Minor children of parties are residing with husband and as such he has to take care of them - Wife has not filed any petition for custody of children - Moreover, wife is unable to show as to why she is unable to travel - Husband on the other hand is working and is solely..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Second stay application - No new facts have been averred in second stay application which would deserve any consideration afresh - First stay application was rejected after thorough consideration of facts and law - Second stay application rightly rejected...........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Non-framing of specific issue - If there are pleadings with regard to any specific aspect, evidence was adduced by parties qua that and it was argued and examined by Court taking into consideration the material on record, non-framing of specific issue on that aspect cannot be held to be fatal to proceeding as no prejudice is..........
