Civil Procedure Code, 1908, Section 25 -- Transfer of petition u/s 9 of Hindu Marriage Act - Taking into account the distance of Court where case sought to be transferred is pending and place where wife is presently residing, petition u/s 9 of Hindu Marriage Act transferred - Application allowed...........
Civil Procedure Code, 1908, Order 17, Rule 1 -- Adjournment - Family Court should not give an adjournment for a long period while referring parties to a Court Counselor...........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Recording of evidence - Non-furnishing of copies of documents accompanying affidavits - Obligation as per statue is to serve copies of affidavit which has been filed as chief examination and so far as documents are concerned, there is no requirement in law to serve copies...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of co-owner - Eviction suit - Co-owner is neither a necessary party nor proper party for effective adjudication of eviction suit - Eviction suit can be decided even without Impleading co-owner of premises in question - Application rightly rejected...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Not required to be formulated in second appeal arising in States of Punjab and State of Haryana...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Where Court is of the view that conclusions drawn by Court below do not have a basis in the evidence led or it is of view that appreciation of evidence suffers from material irregularity, Court will be justified in interfering with such findings...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for recovery of possession - Courts below had ignored material evidence on the aspect of property having been divided by father of defendant - Defendant himself admitted to having sold one plot in favour of one person claiming himself to be exclusive owner of such property - Brother of defendant sold a part of..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Death of defendant - Substitution of LRs - It is not obligatory for plaintiffs to bring on record the LRs of deceased defendant who died after filing of suit - Duty is upon actual LRs themselves to approach Court for joining suit proceedings or otherwise they may challenge the decree subsequently, if suit of plaintiffs..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Death of defendant - Substitution of LRs - If decree is passed against deceased defendant, LRs would be entitled to challenge the decree and Court being satisfied with the two facts may set aside the decree, viz. (i) LRs was not aware of pendency of suit proceedings; or (ii) he did not fail to appear intentionally by making..........
Civil Procedure Code, 1908, Section 151 -- Police protection - Decree of permanent injunction - Violation - Plea by J.D. that some steps have been taken to record himself as a cultivating tenant - However, so far no order has been passed by revenue authorities - No ground to interfere with the order of Executing Court in directing police protection...........
