Civil Procedure Code, 1908, Section 25 -- Transfer of testamentary case - Testamentary case is pending in High Court of Uttarakhand and its transfer sought to District Court Delhi - Since Will set up by petitioner covers properties located both in Nainital and Delhi, both these Courts have concurrent jurisdiction - But in view of S.273 Proviso (b) of Succession Act,..........
Civil Procedure Code, 1908, Order 21, Rule 92, 94 -- Auction sale - Once sale is confirmed and sale certificate is issued in favour of purchaser, the same becomes final...........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Fraud - When fraud is alleged, the same is required to be pleaded and established by leading evidence - Mere allegation that there was fraud is not sufficient...........
Civil Procedure Code, 1908, Order 41, Rule 27, 28, 29 -- Additional evidence at appellate stage - Plea of fraud - Report called from Principal City Civil Judge - Appellate Court may permit additional evidence to be produced either oral or documentary, if conditions mentioned in O.41.R.27 are satisfied and thereafter procedure U.O.41.Rr.27, 28 & 29 is to be followed -..........
Civil Procedure Code, 1908, Order 43, Rule 1A -- Appeal - Consent decree - Appeal U.O.43.R.1-A CPC against consent decree is maintainable...........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Auction sale - Setting aside - No case of JDs that there was any material irregularity or fraud in publishing or conducting sale - Objection was that decree was obtained by fraud - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 21, Rule 94 -- Auction sale - Sale certificate - When sale was confirmed and sale certificate was issued after overruling objections raised by JDs, High Court ought not to have thereafter set aside order overruling objections raised by JDs - Order of High Court set aside...........
Civil Procedure Code, 1908, Section 24 -- Transfer of suit - Wife sought transfer of family suit from Vadodara to Surat - Distance between Vadodara and Surat is 170 kms - Wife having four wheeler vehicle and having a job of fashion design thus, is not having any hardship as compared to husband - Moreover, there is only a single matter pending with Court at Vadodara -..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While considering an application U.O.7.R.11 CPC, Court is not to look into strength or weakness of case of plaintiff or defence raised by defendant...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - To decide an application U.O.7.R.11 CPC, there should be meaningful reading of plaint as a whole...........
