Civil Procedure Code, 1908, Order 7, Rule 11, Limitation Act, 1963, Section 14 -- Rejection of plaint - Barred by limitation - Recovery suit - If the time spent by appellant in prosecuting writ remedy i.e. between the date of institution of writ and its withdrawal is excluded, then, suit could not have been dismissed on the ground of limitation - Suit, held, not barred -..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of appeal - Bar of subsequent suit - Earlier suit for injunction was dismissed and appeal against the same dismissed as withdrawn - Subsequent suit for recovery of possession in respect of very same subject matter is not maintainable as appeal was withdrawn, when there were findings against plaintiff regarding his..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought not amounting to withdrawal of admission and do not change nature of defence - Amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Withdrawal of admission - Amendment sought to delete some words as wrong facts were pleaded by counsel of plaintiff who initially filed the suit - After change of counsel when plaintiff came to know the facts of case, he filed the application for amendment - Application filed at initial stage - Issues..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Allegation that wife withdrew an amount of Rs.2.50 lacs from joint account of husband and wife in which money was deposited by husband for household expenses - Wife not denied the withdrawal of money but pleaded that said money was utilized for household expenses - Husband failed to..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of notice of motion - Grant of - Challenge as to - Suit for administration of estate of deceased - Appellant being highest bidder, sale process had already been confirmed and execution of document was directed in his favour - Since, vested right had been created in favour of appellant/bidder - Defendants could not..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Withdrawal of suit simplicitor without liberty to file a fresh suit - Subsequent suit filed after 20 years - Held, suit is not maintainable and is liable to be rejected U.O.7.R.11 CPC...........
Hindu Marriage Act, 1955, Section 26 -- Custody of child - Wife granted custody by way of an interim order - Husband permitted to visit child at periodical intervals - Withdrawal of suit by wife - Visitation rights of husband cannot be taken away by withdrawal of suit by wife...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Husband condoned the cruelty if any, till the time petition u/s 9 of Hindu Marriage Act was pending or at least till the time he made the statement regarding withdrawal - Just two days after that, he filed divorce petition, meaning thereby that there could be no fresh instance of cruelty towards him - He..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Admission - Withdrawal of admission not permissible - Admission can be clarified or explained by way of amendment - Amendment sought to withdraw admission rejected - However, opportunity given to explain/clarify admission in the written statement which will be considered on merits...........
