Civil Procedure Code, 1908, Section 100(5) -- Second appeal - Substantial question of law - Law as to : (i) substantial question of law must be grounded in the parties pleadings and findings of lower Courts - Thus, it must be exercised if it is so fundamental that it goes to very root of matter; (ii) Jurisdiction to frame a new question of law is exceptional and should not..........
Civil Procedure Code, 1908, Section 100, Evidence Act, 1872, Section 67 -- Second appeal - Introducing S.67 at the stage of second appeal does not merely raise a new legal argument - Rather it creates an entirely new case for the plaintiffs...........
Civil Procedure Code, 1908, Order 7, Rule 11, Hindu Succession Act, 1956, Section 6 -- Right of daughter - Partition suit - Suit lands cannot be said to be coparcenary property of plaintiff - Those are coparcenary property of her mother - But mother is not coming forward claiming partition - Plaintiff has not acquired any birth right - Therefore, there is no unobstructed..........
Civil Procedure Code, 1908, Section 24 -- Transfer of domestic violence complaint - Husband sought transfer of domestic violence complaint to be heard along with divorce case filed by him - Where proceedings between same parties involving common questions of fact and law are pending before different Courts in close proximity, it is desirable that they be tried together by..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Review petition is not maintainable on basis of subsequent judgment having been rendered in favour of petitioner in another case...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Application U.O.9.R.13 CPC to seek setting aside ex parte decree has to be dealt with by Court which passed the decree...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Suit for specific performance - Suit is at its final stage and is fixed for arguments - Nothing substantial was being sought to be incorporated by way of amendment - There is no merit in the application - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Total delay in filing suit after excluding period undergone for mediation was 84 days - In fact, application for mediation was filed after expiry of period of limitation - Period during which mediation was pending is only theoretically excluded - Suit rightly dismissed being barred..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While deciding an application U.O.7.R.11 CPC, only contents of plaint and documents attached thereto are to be seen...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - For the purpose of adjudication of an application U.O.7.R.11 CPC, Court has to restrict itself to contents of plaint as well as documents filed therewith to assess and ascertain as to whether plaint is hit by said provisions or not - Court is not to delve into defence of other side to judge credibility..........
