Civil Procedure Code, 1908, Section 24 -- Transfer of a case - Matrimonial proceedings - Convenience of wife has to be considered than inconvenience of husband...........
Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - Wife is residing in her parents house which is at a distance of 75 kms from the place where divorce petition was filed by husband - Petition u/s 9 of Hindu Marriage Act is also pending where wife is residing - Petitioner filed by husband transferred to the place where wife is residing...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Non-filing of application for condonation of delay - Preliminary decree in partition suit passed by trial Court was affirmed upto High Court - Merely on technicalities one should not be made to suffer the rights adjudicated upto level of High Court on the ground of delay or non-filing..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of partition suit - Dismissed in default after passing of preliminary decree - Suit dismissed due to non-appearance of counsel for plaintiff though suit proceedings were being regularly adjourned for last nine years awaiting orders from High Court - Merely non-appearance of plaintiff or his counsel on one occasion..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Non-filing of application for condonation of delay - Preliminary decree in partition suit passed by trial Court was affirmed upto High Court - Merely on technicalities one should not be made to suffer the rights adjudicated upto level of High Court on the ground of delay or non-filing..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of partition suit - Dismissed in default after passing of preliminary decree - Suit dismissed due to non-appearance of counsel for plaintiff though suit proceedings were being regularly adjourned for last nine years awaiting orders from High Court - Merely non-appearance of plaintiff or his counsel on one occasion..........
Civil Procedure Code, 1908, Section 2(9) -- Judgment - It should be self contained document from which it should appear as to what were facts of the case and what was controversy which was tried to be settled by Court and in what manner - Process of reasoning by which Court came to ultimate conclusion and decreed the suit should be reflected clearly in the judgment...........
Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - Petition is governed by provision of S.24 CPC...........
Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - Husband filed divorce petition at place `J' and thereafter wife filed petition for divorce at place `P' - Petition preferred subsequently by wife transferred to the Court where earlier petition was preferred by husband...........
Civil Procedure Code, 1908, Section 24, Hindu Marriage Act, 1955, Section 21A -- Transfer of divorce petition - Difference between S.24 CPC and S.21-A of Hindu Marriage Act - Court acting u/s 24 CPC may or may not in its judicial discretion transfer a particular subsequent application to be tried along with particular earlier application - Whereas, S.21-A of Hindu marriage..........
