Civil Procedure Code, 1908, Section 39 -- Scope - Transfer order as contemplated u/s 39 CPC is required only when a decree sought to be executed is outside the territorial jurisdiction of Executing Court...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought by plaintiffs after their evidence had been closed - Relief now sought by way of amendment available to plaintiffs at the time when suit itself was instituted or well within time before evidence had begun to be led after issues had been framed - Order allowing amendment application set..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Dismissal of suit due to defect in framing of suit, defect in conduct of suit, failure to address a defect or lack of territorial or pecuniary jurisdiction cannot be brought under purview of S.11 CPC...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - When there is dispute regarding identity of property and same was adjudicated by a competent Court, it would fall within mischief of S.11 CPC, as adjudication rendered on question of identity of property would be a matter directly and substantially in issue in suit...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Non-identification of a property by employing a surveyor or wrong identification of property by surveyor employed would not fall within mischief of S.11 CPC - Dismissal of suit on that ground will not constitute any adjudication on any matter directly and substantially in issue in that suit and as such same will not..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness for further cross-examination - Previous counsel did not call upon plaintiff to produce sale deed of land - Does not constitute a ground for recall of witness merely because present counsel has given an advice that same was necessary...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Summons were not duly served and defendant knew about the decree when patwari informed him about decree - Application U.O.9.R.13 CPC was filed within 6 days of said date and therefore, application is within limitation - Same was not required to be accompanied by application u/s 5 of..........
Civil Procedure Code, 1908, Order 5, Rule 17 -- Service of summons by affixation - Summoning of process server and witnesses not necessary in every case, wherever service takes place by affixation - Plaintiff himself could have produced said witnesses...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Suit is pending since 2008 - Petitioner being husband of sole defendant is well aware of pending proceedings - Stand which has been taken in written statement is similar to what is being sought to be contended by petitioner - Despite the suit remaining pending for 11 years, no effort..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of witnesses for further cross examination - Mere changing of counsel not a reason to seek further cross-examination of plaintiff's and defendant's witnesses...........
