Civil Procedure Code, 1908, Order 20, Rule 12 -- Mesne profits - Decree for recovery of possession - Decree holder is also entitled to recovery of future mesne profits...........
Civil Procedure Code, 1908, Order 8, Rule 6A, Civil Procedure Code, 1908, Order 20, Rule 19(2), Civil Procedure Code, 1908, Section 13 -- Counter claim - Dismissed and plaint claim allowed - Defendant need not file separate appeal but single appeal challenging both findings is maintainable...........
Civil Procedure Code, 1908, Section 20 -- Jurisdiction - Specifically mentioned in purchase order that orders have been placed as per terms and conditions contained over leaf, wherein clause 8 clearly provided that in case of any dispute between the parties, the civil Courts only at Chandigarh would have the jurisdiction - Suit filed at Panipat - Plaint ordered to be..........
Civil Procedure Code, 1908, Section 54, Order 20, Rule 18 -- Partition of land assessable to land revenue - Once a preliminary decree for partition is passed and a precept is sent to Collector and Collector takes an action then all proceedings would lie before the Collector - If any person is aggrieved he has to take recourse to the remedies as available under the Land..........
Civil Procedure Code, 1908, Order 5, Rule 1, 20 -- Summons - Refusal to accept - Service by Munadi ordered - Notwithstanding the issuance of a fresh notice by substituted service, the effect of earlier service when summons were refused is not nullified - Held, defendant was duly served on the day he refused to accept summons...........
Civil Procedure Code, 1908, Section 2(9), Order 8, Rule 10, Civil Procedure Code, 1908, Order 20, Rule 4(2) -- Written statement - Non filing of - Case decided U.O.8.R.10 CPC - Non consideration of documents and affidavit of evidence tendered by plaintiff - Decree set aside...........
Civil Procedure Code, 1908, Order 7, Rule 3, Civil Procedure Code, 1908, Order 20, Rule 9, Civil Procedure Code, 1908 -- Description of suit property - Plaint must disclose identity of property without ambiguity - Identification can be either by way of numbers of Revenue Records or Settlement or survey - Boundaries of property given in plaint not controverted or challenged..........
Civil Procedure Code, 1908, Order 26, Rule 10, Civil Procedure Code, 1908, Order 20, Rule 18 -- Suit for partition - Preliminary decree passed - Appointment of Advocate Commissioner - Preliminary decree becoming final and final decree proceedings initiated - Respondent filing application for summoning Commissioner for cross examination - As it is for Court to pass final..........
Civil Procedure Code, 1908, Section 20 -- Jurisdiction - Concession or admission by defendant in written statement - Cannot vest jurisdiction in Court unless it can be shown that Court otherwise has territorial jurisdiction to entertain suit...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Exparte decree - Setting aside - Substituted service - Summons returned unserved due to wrong address - Correct address not furnished - Court ordered substituted service on being made to believe by filing affidavit that defendant could not be served despite various efforts made -..........
