Civil Procedure Code, 1908, Order 21, Rule 90 -- Auction sale - At the time when property was put to auction, J.D. was not the owner - Property could not have been put to auction - Executing Court erred in overruling the objections raised by appellant against auction/sale of the property which appellant purchased much prior to the date of auction...........
Civil Procedure Code, 1908, Section 25 -- Transfer of divorce petition - Husband and wife both are in Government service in Jaipur - It is not just and proper to transfer case outside Rajasthan to a remote place in Kurukshetra in Haryana at the instance of wife - Father-in-law of wife was Assistant Superintendent of Police but he has now retired - There is no allegation in..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff simultaneously intended to prosecute two suits on same cause of action and to go to any extent to secure ex parte injunction behind the back to caveator - Trial Court committed error by permitting plaintiff to file another suit while earlier suit was pending and to grant injunction without..........
Civil Procedure Code, 1908, Order 41, Rule 33 -- Appeal - Appellate Court has powers to correct findings given by trial Court by exercising powers conferred U.O.41.R.33 CPC, in the absence of questioning said finding by way of appeal or cross-appeal...........
Civil Procedure Code, 1908, Order 41, Rule 33 -- Appeal - Suit for specific performance - Defendant acquired the suit property from her father through registered settlement deed - Recitals of document clearly show that defendant is having only life interest in suit property - Defendant has no right to transfer suit property to third parties including execution of..........
Civil Procedure Code, 1908, Section 151 -- Inherent powers - In camera proceedings - In appropriate cases, Court can order in camera proceedings if warranted by fact and circumstances of the case...........
Civil Procedure Code, 1908, Order 5, Rule 15 -- Service of summons - On an adult member of family - Before resorting to provision contained U.O.5.R.15 CPC, it has to be shown that defendant was absent from his residence at the time when service of summons was sought to be effected and there was no likelihood of his being found at the residence within a reasonable time - It..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 15 -- Ex parte divorce decree against wife - Setting aside - Father received summons by stating that she had gone out of station - Wife in her application did not state that she was not residing in the house of her father - Wife even in petition to High Court gave her address which is..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Ouster of jurisdiction of civil Court can be express or implied - But, it cannot have retrospective effect annulling a decree validly passed by civil Court...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Plaintiff failed to demonstrate its right to claim the relief as sought in the plaint - Plaint rejected...........
