Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Co-sharer - Plaintiffs able to demonstrate their possession - Defendants cannot be permitted to claim denial of right to the co-sharer to enter into land especially when such co-sharer is already in possession of land to the extent of his share - Order of Appellate Court granting ad interim..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to incorporate fact that father of plaintiff was not heard for last 25-30 years and it may be presumed that he is dead - However, application is bereft of any reasons as to why these averments were not made or a consequential relief was not sought when plaint was filed despite having..........
Court Fees Act, 1870, Section 16, Civil Procedure Code, 1908, Section 89 -- Compromise - Refund of Court fee - Suit decreed in terms of compromise instead of suit being withdrawn - Plaintiff is entitled to refund of Court fee as S.89 CPC even extends to a case where settlement takes place outside Court - Court fee ordered to be refunded...........
Family Courts Act, 1984, Section 19, Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Appeal - Order rejecting application U.O.9.R.13 CPC - Defendant has option either to challenge ex parte decree by way of first appeal or by way of Misc. appeal against order of rejection of application U.O.9.R.13 CPC - Appeal u/s 19 of Family Courts Act is maintainable against..........
Hindu Marriage Act, 1955, Section 13(1)(ia), Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree in favour of husband - Husband pleaded that he performed second marriage after expiry of limitation of filing of appeal - Wife disputing second marriage by submitting that photograph and marriage card produced are forged documents created only to misguide..........
Civil Procedure Code, 1908, Order 17, Rule 1 -- Adjournment - Where refusal of Court below to grant adjournment on a particular date was under challenge, adjournments granted earlier were irrelevant, as there was a presumption that they were granted for good reason. (2000(2) Apex Court Journal 619 (S.C.) followed)..........
Civil Procedure Code, 1908, Order 17, Rule 1 -- Court should not be hyper technical in the matter of granting opportunity to lead evidence and like...........
Civil Procedure Code, 1908, Order 18, Rule 3, 4 -- Recording of evidence of marginal witnesses of Will through video conferencing - Witnesses residents of Canada - Witnesses allowed to be examined through video conferencing...........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - In absence of pleading, evidence if any produced by parties cannot be considered...........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - If a plea is not specifically made and yet it is covered by an issue by implication and parties knew that said plea was involved in the trial, then mere fact that plea was not expressly taken in the pleadings would not necessary disentitle a party from relying upon it if it is satisfactorily proved by evidence...........
