Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Issues - Once the parties go to trial being alive to the controversy between them even then, in the absence of a specific issue having been framed, the court is not precluded from recording a finding of fact on that controversy provided that the parties have pleaded the case and have led their evidence...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Restraining alienation during pendency of suit - Any transfer made during pendency of suit is subject to the provision of S.52 of Transfer of Property Act as such there is no necessity to pass an order of prohibitory injunction prohibiting the alienation of property during pendency of suit...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Discussion made on documents and findings recorded for disposal of application U.O.39.Rr.1, 2 CPC is only for the purpose of deciding the application - Do not have the effect of adjudicating the relevant issues in the suit...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Addition or substitution of a party - `At any stage' - Meaning - Cannot be limited or curtailed for a period of three years from the date of filing of the suit - It means at any stage prior to culmination of proceedings...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Framing of additional issue - Additional issue raised by party in appeal - Lower Appellate Court instead of framing additional issue and directing trial Court to allow parties to lead evidence on that issue and submit record with its findings, set aside decree by remitting case to trial Court - Order not justified - Set..........
Civil Procedure Code, 1908, Order 32, Rule 1 -- Minor's undivided share in joint family property - Partition suit on behalf of minor filed by mother as next friend of minor against minor's father - Suit is not maintainable where it is not proved that father as natural guardian of minor has neglected to provide for minor's maintenance or denied his right or mismanaged..........
Civil Procedure Code, 1908, Order 23, Rule 1, Civil Procedure Code, 1908, Order 2, Rule 1 -- Withdrawal of suit - Unconditional withdrawal of suit - Claim which could have been claimed but not claimed, stands relinquished as lost claim and plaintiff cannot file a second suit for such claims...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Unconditional withdrawal of suit as defendant satisfied the plaintiff - Held, if satisfaction of plaintiff has not resulted into a decree and plaintiff withdraws suit unconditionally then plaintiff cannot reagitate the issues which were involved in the suit...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- A litigant should not be allowed to reagitate the same cause of action once he has availed an opportunity to approach the Court with respect thereto...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Insufficiently stamped and unregistered partition deed admitted in evidence for collateral purpose by Court without deciding he objection raised by other side - It is a mistake on the part of Court which is apparent on the face of record - Application for review is maintainable...........
