Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Non framing of a particular issue - Parties going to trial knowing fully well the real issues involved and adduced evidence - Objection as to non framing of a particular issue cannot be raised...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10, Transfer of Property Act, 1882, Section 52 -- Transferee pendente lite - Impleading as a party - Application of transferee pendente lite for impleading him a party to the suit should ordinarily be allowed...........
Civil Procedure Code, 1908, Order 1, Rule 10, Transfer of Property Act, 1882, Section 52 -- Impleading of a party - Transferee pendente lite - Can be impleaded as a party if his interest in the subject matter of suit is substantial and not just peripheral - Court has discretion in the matter which must be judicially exercised and an alienee would ordinarily be joined as a..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10 -- Transferee pendente lite - Impleading as a party in second appeal - Delay in approaching Court sufficiently, properly and satisfactorily explained - Transferee pendente lite should be made as party to the pending second appeal as prayed for by him - He is at liberty to contest..........
Hindu Marriage Act, 1955, Section 1(2) -- Domicile in India is a condition precedent for invoking the provisions of Hindu Marriage Act - Domicile is to be determined when parties tie nuptial knot under the Hindu Marriage Act and not the date when an application is made for matrimonial relief - Even if a party establishes that after marriage he acquired domicile of some..........
Hindu Marriage Act, 1955, Section 1(2) -- Applicability of the Act - Domicile of India is a condition precedent for invoking the provisions of Hindu Marriage Act - Principles governing domicile are: (a) Domicile of origin i.e. by birth and domicile of choice i.e. residing in a country other than that of his domicile of origin with intention of continuing to reside there..........
Hindu Marriage Act, 1955, Section 10, 19, 1(2) -- Parties married in India - Marriage registered under Hindu Marriage Act - Parties left for Sweden and acquiring Swedish citizenship - Parties then left for Australia - Did not acquire Swedish or Australian domicile - Wife filed petition for judicial separation in India - Court in India has jurisdiction as parties never..........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Injunction - Violation of - Writ petition seeking police help for enforcement - Not maintainable - Remedy is to approach civil court for relief...........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Declaration and permanent injunction suit - Necessary party - Non - impleadment - Not fatal to suit - Such party not bound by the said judgement and decree...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Provision is directory and not mandatory - Power of Court to extend time for filing written statement beyond time schedule provided U.O.8.R.1 CPC is not completely taken away - Time schedule contained in the provision is to be followed as a rule and departure therefrom would be by way of exception - Extension of time may be..........
