Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution - Mere filing of an appeal does not operate as stay of execution - It is only the appellate Court which can stay the execution - However, Executing Court may stay the execution of the decree if J.D. has filed any suit against the decree holder...........
Hindu Marriage Act, 1955, Section 13(1)(ia), 9 -- Divorce - Petition by wife for divorce on ground of cruelty - Counter claim by husband u/s 9 of the Act - Wife left matrimonial house with intention to get herself re-married with some financially sound family - She also voluntarily left her minor child and never sought his custody - During her matrimonial stay she never..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-filing of written statement - Filing of an application U.O.7.R.11 CPC does not mean that there is an automatic stay for filing of written statement...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Parties to earlier suit for declaration and subsequent suit for possession same - Subject matter and relief claimed in both the suits entirely different - Even matter in issue directly and substantially in both the suits is not same - Provision of S.10 CPC not applicable to suits filed by parties -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction - A party who chooses not to participate in Court proceedings and stay, must suffer, the consequences of the relief of injunction order...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - For applicability of S.10 of the Code there has to be a duly instituted previous suit between the same parties in which the issue is directly and substantially the same - Subsequent suit cannot be stayed when plaint in previous instituted suit was rejected on ground of non payment of court fee, even though..........
Civil Procedure Code, 1908, Section 100, Order 41, Rule 5(3) -- Second appeal - Stay of execution of decree - Formulation of substantial question of law is an imperative to proceed with the appeal - Court cannot proceed unless condition precedent is satisfied - Solely because Court has jurisdiction to pass an ex parte order, it does not empower it not to formulate the..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Purpose and object - Prevent courts of concurrent jurisdiction from simultaneously entertaining and adjudicating upon the bilateral litigations in respect of same cause of action, same subject matter and same relief...........
Civil Procedure Code, 1908, Section 10, 11 -- Stay of subsequent suit - Fundamental Test - Whether any final decision being reached in previous suit, such decision would operate as res judicata in the subsequent suit...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Would apply only if there is identity of the matter in issue in both suits, meaning thereby, that the whole of the subject-matter in both proceedings are identical...........
