Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Matrimonial disputes ought to be adjudicated in a forum accessible to wife, unless strong countervailing factors exist...........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial proceedings - Settlement arrived at between parties during pendency of transfer petition - Parties guided by seasoned counsel and Mediator, not only agreed to dissolve their marriage by mutual consent u/s 13-B of Hindu Marriage Act but have also comprehensively settled collateral issues, i.e, permanent..........
Civil Procedure Code, 1908, Order 7, Rule 14(3), Family Courts Act, 1984, Section 14 -- Production of documents - Petitioner is seeking to place on record two letters and whatsapp chats and oral conversations downloaded from mobile belonging to respondent - However, as regarding two letters, no foundation has been laid and that there is no whisper about same in entire..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Evidence in question came on record during course of evidence led by defendant - There was no occasion for plaintiff to have led evidence in affirmative in the absence of any pleadings in written statement - Once said evidence was produced by defendant, plaintiff was well within his rights to lead additional..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Pre-trial amendment be granted liberally unless it causes serious prejudice to interest of defendant, in as much as, such amendment sought for is either time barred, barred by law, change the nature of suit or cause serious prejudice to interest of opposite party...........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Publication of summons in a newspaper other than a daily newspaper is a violation of requirement of law and therefore cannot be termed merely as an irregularity in service of summons...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Ex parte decree - Setting aside - Non-compliance of O.5.R.20 CPC - Summons was published in weekly newspaper and not in a daily newspaper - There is thus clear violation of mandatory provision U.O.5.R.20(1-A) CPC with regard to substituted service - Ex parte decree set aside...........
Civil Procedure Code, 1908, Order 41, Rule 25, 27 -- Additional evidence at appellate stage - Application filed U.O.41.Rr.25, 27 CPC is required to be decided along with main appeal and appropriate orders be passed on the said application, after hearing both the parties...........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 1 -- Right to begin - Eviction suit - When basic ground of eviction sought for is default in payment of rent, it would always be plaintiff/landlord who should lead evidence first - Denial on the part of defendant is strictly a defence that they have taken and to prove the same it is not required for defendants to lead..........
Civil Procedure Code, 1908, Order 41, Rule 19, Limitation Act, 1963, Section 5 -- Restoration of appeal dismissed in default - Condonation of delay of 5250 days - When delay of long period of time is sought to be condoned, Court should not rule out involvement of third parties in litigation - Court, in fact, should presume that third party rights may have been created..........
