Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issues - Additional issues cannot be made based upon arguments without any supporting documents...........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issues - Issues regarding valuation and pecuniary jurisdiction of Court - Defendants who filed written statement had not raised issue of pecuniary jurisdiction and participated in proceedings - They have not produced any documents to substantiate that classification of land is not agricultural land and..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Signature on summons not denied - Delay of 251 days in filing application for setting aside ex parte decree - Dismissal of application for not giving sufficient reasons - One opportunity must be given to petitioner to put forth his grievances before Court below - Ex-parte decree set aside..........
Civil Procedure Code, 1908, Order 21, Rule 26, Civil Procedure Code, 1908, Order 9, Rule 13 -- Stay of execution during pendency of application U.O.9.R.13 CPC - Application for stay of execution has to be filed before Court where application U.O.9.R.13 CPC for adjudication, is pending...........
Civil Procedure Code, 1908, Order 41, Rule 3A -- Appeal - Condonation of delay in filing appeal - Unless and until, delay in filing an appeal is condoned, appeal cannot be decided on its merits...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 41, Rule 3A -- Condonation of delay - Delay of 44 years in filing appeal - Whenever a time barred appeal is preferred, an application u/s 5 of the Act is required to be filed along with such time barred appeal and if no separate application is submitted, then reasons of delay are required to be discussed in..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Contradictory findings were given by two Courts below which are certainly not sustainable and are liable to be set aside - Finding of Courts below held, set aside...........
Civil Procedure Code, 1908, Section 25 -- Transfer of maintenance case - Allegations of husband is that his wife abandoned two sons of parties when they were minor and he has been taking care of both the sons since 2021 - Since then husband being a single father, it is difficult for husband to travel to Rajpura Punjab for contesting proceedings of maintenance application -..........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial proceedings - Convenience of wife has to be taken into consideration than that of inconvenience of husband in matrimonial proceedings...........
Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - Wife has been residing separately at her parents house place at `S' due to matrimonial dispute - Maintenance case u/s 125 Cr.P.C is filed at the place `S' - Husband also attending the Courts proceedings before Court at `S' - Convenience of wife has to be taken into consideration than that of..........
