Civil Procedure Code, 1908, Order 14, Rule 2 -- Issues - Defence struck out - Even in such a case Court has to proceed with the trial and not to dismissed suit as if plaintiff's claim in the suit is unchallenged...........
Civil Procedure Code, 1908, Order 7, Rule 10, Civil Procedure Code, 1908, Order 14, Rule 2 -- Transfer of suit - Lack of territorial jurisdiction is not a ground to exercise power u/s 24 CPC to withdraw and transfer suits from one Court to another Court - But it is a ground to return plaint U.O.7.R.10 CPC or petitioner may file an appropriate application U.O.14.R.2 CPC to..........
Civil Procedure Code, 1908, Order 14, Rule 2, 5 - - Court cannot proceed and make comments on merits of issue while deciding an application to treat a particular issue as a preliminary issue - Finding given on merits on that issue, set aside...........
Civil Procedure Code, 1908, Order 14, Rule 2, Civil Procedure Code, 1908, Order 22, Rule 5 -- Finding on issues - Suit for permanent injunction - Trial Court while decreeing suit not recorded finding on each issue separately as per O.14.R.2 r/w O.22.R.5 CPC - Further, it is not clear from judgment of trial Court that which issue it has decided - It was incumbent upon trial..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 14, Rule 2(2), Civil Procedure Code, 1908, Section 151, Family Courts Act, 1984, Section 19 -- Rejection of divorce petition - Territorial jurisdiction - Marriage between parties solemnized at place `G' in India - Both the parties are still Indian National and hold Indian passports, though they..........
Hindu Marriage Act, 1955, Section 13(1)(ib), Family Courts Act, 1984, Section 17, Civil Procedure Code, 1908, Order 14, Rule 2 -- Divorce petition - Issues not framed by Family Court - Court thus not applied legal procedure while passing the impugned judgment - Impugned judgment is illegal and perverse which cannot be sustained...........
Court Fees Act, 1870, Section 12, Civil Procedure Code, 1908, Order 14, Rule 2 -- Issue of court-fees - Is always liable to be decided as preliminary issue because Court-fees is payable at the time of filing of the suit and appeal...........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Issue of limitation is a mixed question of fact and law and same cannot not be decided as a preliminary issue...........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Court framed issues and proceeded for recording of evidence - Thereafter Court could not have reverted back to decide suit only on the basis of preliminary issues...........
Civil Procedure Code, 1908, Section 11, Order 14, Rule 2 -- Preliminary issue - Res judicata - Principle of res judicata is a mixed question of law and fact which may require not only examination of plaint but also other evidence and order passed in earlier suit may be taken up either as a preliminary issue or at the final hearing - But said question cannot be determined..........
