Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Jurisdiction of civil Court - Suit for cancellation of sale deed - Agricultural land - Suit is primarily for cancellation of sale deed of land, which is not `land' as defined u/s 3(14) of U.P. Zamindari Abolition and Land Reforms Act - Civil Court thus, has jurisdiction to entertain suit - Application..........
Hindu Marriage Act, 1955, Section 13(1)(ia), Civil Procedure Code, 1908, Order 26, Rule 9 -- Divorce - Issuance of commission for recording evidence - Wife unable to afford fees of commissioner directed to be paid equally by parties - Plea of wife that she was awarded interim maintenance of Rs.2,500/- p.m. only and besides herself, was supporting a school going son and had..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 22, 23 -- Eviction of son - Property in question was purchased in the name of father through registered sale deed - Though father claimed that he was absolute owner of house in question, however, no document was produced in support of his case except the copy of sale deed - Further, father stated that..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Cause of action for filing counter claim arose before filing of written statement - Earlier counter claim was disposed of by trial Court on the ground that it was not in prescribed format with liberty to file fresh - Counter claim filed after rectifying defects could not be rejected by Court only on the ground..........
Consent decree -- Family settlement - Registration - Civil Court decree acknowledging family settlement - No right was created through the decree first time in immovable property - Decree was passed in acknowledgment of previous family settlement arrived at between parties which was not disputed in previous litigation - Such decree passed on the basis of family settlement..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Once parties are not at issue, Court is required to pass a decree...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness to fill up a gap - Not permissible...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Plaintiff seeking recall of PW5 for further examination to prove Ex.A10 - Recall sought when evidence of defendant was complete and matter was listed for arguments - Recall of a witness to fill up a gap is impermissible...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - Permissible subject to provisions of Evidence Act...........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte proceedings - Setting aside - Defendant No.4 refused to accept summons and therefore served by affixing of summons at his residence - Delay of 13 years in not moving application U.O.9.R.7 CPC and admitted relationship of defendant No.4 with defendant No.2, who was served summon in 2005 itself is on record - Summons..........
