Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Defence put up by defendants in the application for leave to defend boarders on peripheral issues and not on main issue relating to question as to whether they owe money to the plaintiff - Defence put by defendants in their application for leave to defend appears to be illusory..........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - Defendants claiming title over suit property on basis of Will - Defendants thus, rightly asked to lead their evidence first and then only plaintiffs can be asked to discharge their burden...........
Civil Procedure Code, 1908, Section 24, Guardians and Wards Act, 1890, Section 9, 25 -- Transfer of application u/s 25 of Guardians and Wards Act - Minor son is residing with his mother at Sriganganagar - Application for guardianship of minor shall be made to District Judge having jurisdiction in the place where minor ordinarily resides - Moreover, other proceedings..........
Civil Procedure Code, 1908, Order 6, Rule 17.O -- Amendment of written statement and further to raise counter claim - Application filed after six years of filing of written statement when evidence of plaintiff was almost over - Defendants were very much aware of such facts at the time of filing written statement - Proposed amendment not necessary for determining real..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree - Setting aside - One `R' was witness to the report of refusal of process server - `R' submitted his affidavit that he never signed on the report - Wife by her statement and other evidence proved that at the time of service of notice she was not living at the given address and no sufficient evidence in..........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial petition - While considering transfer of matrimonial proceedings u/s 24 CPC, guiding principle is hardship and inconvenience to the wife...........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial petition - Wife residing in her parental house with her two years old child who was born premature - Distance between place where matrimonial petition is filed from the place where wife is residing is 910 kms and it takes 20 hours in travelling - Wife does not appear to have any source of income and is..........
Civil Procedure Code, 1908, Order 26, Rule 9, Constitution of India, 1950, Article 227 -- Refusing to appoint local commissioner - Revision - Maintainability - Neither any issue has been decided nor rights of parties adjudicated in refusing to appoint local commissioner - Revision against such an order is not maintainable...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - A party cannot be allowed to collect evidence through Court - Each party has to lead evidence in support of its case and it cannot be allowed to lean on the Courts for the same...........
Civil Procedure Code, 1908, Order 47, Rule 5, Bombay High Court Rules, Rule 3(1) -- Chapter 30 - Proviso - Review - Where an application was preferred by any of parties that review may be heard by Judge who had decided the matter and had passed order from which review arose, matter ought to have been placed before Chief Justice on administrative side rather than order..........
