Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Where facts required for a point of law have not been pleaded, a litigant should not be allowed to raise that question as a substantial question of law in second appeal...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Mere appreciation of facts, documentary evidence and contents of documents cannot be held to be raising a substantial question of law...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - A proper test for determining whether a question of law raised in the case is substantial would be or whether it directly and substantially affects the rights of parties and if so, whether it is either an open question in the sense that it is not finally settled by superior Courts or..........
Civil Procedure Code, 1908, Section 24 -- Transfer of custody petition - Applicant is a widow lady who is fighting for custody of her two minor children, who are alleged to have been illegally taken over by her brother-in-laws - It will be inconvenient for applicant whose one minor son aged 3 years is residing with her, to attend Court proceedings at Thane, which is around..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint discloses a cause of action for filing suit - Plaintiff may or may not succeed in suit and ultimately his suit may be found to be not tenable for want of relief of declaration but that cannot be a parameter to reject plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Arguable and attractive submissions for maintainability of suit would not come within sweep of O.7.R.11(a), (b) CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Plea of limitation is a mixed question of facts and law - Plaint is not liable to be rejected U.O.7.R.11(d) CPC on plea of limitation...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint cannot be rejected in part...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - All the claimed reliefs cannot be prima facie termed to be barred by limitation - Plaint cannot be rejected in part - Application rightly rejected...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Suit for injunction, when plaintiff was entitled to sue for specific performance, withdrawn without seeking any liberty to pursue subsequent suit for specific performance - Subsequent suit for specific performance is not maintainable being barred U.O.2.R.2 CPC...........
