Civil Procedure Code, 1908, Order 14, Rule 1 -- Framing of issues - Plea of limitation - Separate issue not framed but trial Court decided limitation in the issue framed as to whether suit is barred by provision of O.7.R.11 CPC - Held, there is no illegality or error in the finding recorded by trial Court in regard to limitation and it has not committed any illegality or..........
Hindu Adoptions and Maintenance Act, 1956, Section 16 -- Registered adoption deed - Suit for cancellation - Presumption - Available only till it is disproved - It is always open to the person challenging to disprove the same in accordance with law - Validity of adoption deed can be examined by Court when question regarding its validity is raised...........
Hindu Adoptions and Maintenance Act, 1956, Section 16 -- Registered adoption deed - Suit for cancellation - Registered deed executed in regard to alleged adoption made earlier - Oral adoption in the year 1980 - Adoption deed registered in 1995 - In view of Uttar Pradesh amendment in 1977, no Court of Uttar Pradesh shall accept any evidence of adoption except a document..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of First Appellate Court - When there is no illegality or error in judgment and order passed by appellate Court by which judgment of trial Court has been confirmed, it does not vitiate merely because points of determination have not been stated though it has disclosed issues considered by it...........
Civil Procedure Code, 1908, Order 17, Rule 1, 2 -- Closure of evidence of plaintiff - Court granted 22 opportunities to plaintiff to lead evidence and out of which on three occasions plaintiff was present - Though apparently, there is no justification forthcoming for not leading evidence for over three years, however, looking to nature and manner in which trial Court has..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Plaint termed as one for declaration and mandatory injunction - However, relief sought is for recovery of excess amount - By merely suitably wording plaint and making prayers for declaration and mandatory injunction with consequential relief would not change nature of substantial..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Money suit - Trial Court allowed application filed by plaintiff U.O.26.R.10-A CPC to examine signature of defendant by handwriting expert - Defendant did not challenge said order - Since defendant did not challenge said order before any superior Court, she cannot raise plea at the time of second appeal as a matter..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Money suit - Concurrent findings of both the Courts below being finding of facts that plaintiff had ability to provide loan of Rs.1 lakh to defendant and having held so both the Courts below decreed the suit in favour of plaintiff, cannot be interfered by High Court in exercise of its jurisdiction u/s 100 CPC -..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for specific performance - Issue regarding readiness and willingness being a question of fact was gone into by Courts below and concurrently held that nothing has been brought on record to show that father of plaintiff after entering into agreement with defendant and till his death was ready and willing to..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Suit for permanent and mandatory injunction - Name of plaintiff recorded in revenue record - Plaintiff has a right to seek remedy before Civil Court, as no declaration of title is involved...........
