Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Applicability of provisions of J&K Agrarian Reformers Act - Issue that falls for determination is as to whether defendant is entitled to resume suit land on the basis that mutation u/s 7 of J&K Agrarian Reformers Act stands attested in his favour way back in the year 1987 - Plaintiffs are resisting..........
Civil Procedure Code, 1908, Order 7, Rule 10A -- Return of plaint - Lack of territorial jurisdiction - After return of plaint by Court lacking jurisdiction, suit has to proceed de novo before competent Court, even if evidence of parties stood concluded before Court which returns the plaint...........
Civil Procedure Code, 1908, Order 7, Rule 10, 10A -- Return of plaint - Lack of territorial jurisdiction - Provisions U.O.7.R.10 r/w O.7.R.10-A CPC cannot be interpreted as providing any discretion to Court to proceed in suit from the stage from which plaint was returned...........
Civil Procedure Code, 1908, Order 7, Rule 10A -- Return of plaint - Lack of territorial jurisdiction - Once it is concluded that initial proceedings were held before a Court which lacked jurisdiction, written statement and other evidence that may have been led by parties before said Court become non-est in the eyes of law and defendants are within their right to file their..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Co-sharers - Co-owner in exclusive possession of a specific portion of joint land is entitled to seek protection against interference by other co-sharers and that no co-sharer has right to alter or change the nature of portion under exclusive possession of another - Application rightly allowed...........
Civil Procedure Code, 1908, Order 9, Rule 13, Family Courts Act, 1984, Section 10 -- Ex parte divorce decree - Setting aside - Service of summons - Provisions of CPC are applicable in proceedings conducted by Family Court as per S.10 of Family Courts Act and hence, provisions with regard to service of summons as mentioned in CPC are also attracted for regulating the..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex parte divorce decree against husband - Setting aside - Service of summons - Merely on account of the fact that husband did not produce any oral evidence to support his application U.O.9.R.13 r/w S.151 CPC would not be the only ground to non-suit him, more so when facts of case are conspicuous to infer that..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex parte divorce decree against husband - Setting aside - Service of summons - Manifest and explicit difference in writing as well as use of pens while mentioning endorsement of `receiving summons and copy of petition' as well as in writing and pen used for signatures allegedly shown to be of husband - When..........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Affidavit of examination-in-chief - Witness stated in Court that examination-in-chief was not recorded under his instructions nor does he know the contents of his examination-in-chief - Evidentiary value of his statement in cross examination is seriously dented...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issue - Once an issue has been finally decided, trial Court lacks jurisdiction to re-open or revisit the same...........
