Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - After commencement of trial - Burden is on the person who seeks an amendment after commencement of trial to show that inspite of due diligence, such an amendment could not have been sought earlier...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - After commencement of trial - Plaintiff failed to show that inspite of due diligence, she could not file application for amendment before commencement of trial - Order allowing application set aside...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Bar of jurisdiction of civil Court - Suit for permanent injunction of agricultural land not maintainable before Civil Court - Trial Court directed to return the suit U.O.7.R.10 CPC...........
Civil Procedure Code, 1908, Order 22, Rule 12 -- Death of Judgment debtor during pendency of execution proceedings - LRs of deceased JD to be brought on record - Merely because JD was proceeded against ex-parte, it does not give any right to DH not to bring on record his legal representatives after his death...........
Civil Procedure Code, 1908, Section 151 -- Child custody - Suspension of interim visitation rights granted to mother - Daughter of parties has voluntarily started residing along with her mother in the matrimonial home - However, younger son, aged about 9 years is residing with father - Daughter wishes to continue residing with her mother in matrimonial home in Court..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Petitioner appeared on the very next date of passing ex parte order - Court was obligated to permit petitioner to join proceedings at that stage - Ex parte proceedings set aside...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Provision of O.7.R.11 CPC is mandatory as Court has to reject plaint in case on a meaningful reading of plaint, it is found that suit does not disclose right to sue, a cause of action or suit is barred by any law...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for declaration and permanent injunction on basis of Will - For purposes of grant of interim injunction, it is sufficient that plaintiffs have a Will in their favour which prima facie establishes a case in their favour - Factum of veracity, authenticity and legality of Will is a matter of trial..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Documents in question were not produced due to lapses on part of previously engaged counsel - Petitioner was compelled to engage new counsel - Litigant should not be made to suffer for lapses of his counsel - Moreover, a lis should be decided on merits rather on technicalities - One last opportunity is thus,..........
Civil Procedure Code, 1908, Order 20, Rule 1 -- Judgment - Every judgment as soon as it is delivered becomes operative pronouncement of Court...........
