Civil Procedure Code, 1908, Order 12, Rule 6 -- Divorce - Decree on admission - Allegation and counter allegations were made against each other - Neither wife had withdrawn allegations of cruelty against husband nor husband has accepted allegations of cruelty - Decree of divorce on admission could have been passed if both the parties would have agreed before family Court -..........
Civil Procedure Code, 1908, Section 151, Order 12, Rule 6 -- Judgment on admission - When there is specific provision for passing decree on admission U.O.12.R.6 CPC, on satisfaction of conditions provided under said provision, Family Court could not have invoked S.151 CPC...........
Civil Procedure Code, 1908, Section 10 -- Stay of partition suit - Scope of both partition suit and probate proceedings are different - S.10 CPC apply only if there is identity of the matter in issue in both the suits - Even, a probate petition is not a suit u/s 10 CPC and both partition suit and probate proceedings can proceed - Partition suit cannot be stayed - Both the..........
Civil Procedure Code, 1908, Section 144 -- Restitution - Mistake/error committed by Court - Correction on the basis of principle of restitution - Any undeserved or unfair advantage gained by a party invoking jurisdiction of Court must be neutralized, as institution of litigation cannot be permitted to confer any advantage on a suitor by act of Court...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to challenge the Will - Though factum of Will was mentioned in written statement, but no details including date and contents was given by executant or even by beneficiary in written statement - In absence of any such details given, there is no occasion to challenge the same at the hands..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Determination of actual position of suit property - Report by a local Commissioner would in fact help in effective adjudication of issue and would not cause any prejudice to either side - Nothing on record to suggest that appointment of local commissioner would result in creation of any..........
Civil Procedure Code, 1908, Order 9, Rule 2 -- Dismissal of suit for non supply of correct address - There is no provision for dismissal of suit for non supply of correct address - Impugned order set aside - Suit restored...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiffs are in possession of suit property as per various documents placed on record - Prima facie case and balance of convenience are in favour of plaintiff - Plaintiff will suffer irreparable loss and injury in case denial of such relief - Defence by defendants that plaintiff along with her..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - After commencement of trial - Merely because an application is filed after commencement of trial cannot be sole ground for dismissal of application U.O.6.R.17 CPC...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Dismissal of application summarily on the sole ground that it is filed after commencement of trial without even filing of reply by defendant - Impugned order set aside - Matter remanded for decision afresh on merits...........
