Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Parties contested three cases at place where wife resides with her parents - Husband is also presently posted at such place where wife resides - It would be expeditious and in the interest of justice and convenient to all concerned that all the matters are heard at one place - Matrimonial case for..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Both plaintiff No.1 and defendant No.1 claiming to be married to deceased `G' - Dispute is purely of civil nature - Dispute has to be resolved on the basis of evidence to be led by both the parties - Dispute is purely a civil dispute and not a dispute within a family to be resolved by Family Court...........
Civil Procedure Code, 1908, Order 7, Rule 11, Limitation Act, 1963, Section 14, Article 113 -- Rejection of plaint - Barred by limitation - Suit for recovery of money for balance amount due with respect to services performed - Cause of action with respect to sale of goods and services are governed by Art.14 r/w Art.113 of Limitation Act - Sale of goods and services more or..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Preliminary issue - Issue involving question as to whether disputed land is agriculture land or not - Held, issue involves mixed question of law and fact, thus, evidence is required to be led by both parties before hearing arguments on said issue - Impugned order of trial Court in placing matter directly for arguments without..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for specific performance - Suit property sold during pendency of suit - Plaintiff by way of amendment, wants to bring said facts on record - Subsequent purchasers already impleaded as party to suit, therefore, averments relating to subsequent purchasers need to be part of plaint - Nature of suit..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Suit for possession filed by landlord and judgment there in with respect to entitlement of landlord to seek possession will not in any manner operate as res judicata as against defendant/tenant either for seeking final relief in specific performance suit or including interim relief of stay of dispossession in said..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - At belated stage - Can be allowed, keeping open point of limitation to be decided at the time of final hearing...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for injunction and declaration - Amendment sought to incorporate relief of specific performance - Plaintiffs relied upon agreement of sale and claiming right over suit property on basis of said agreement - Indirectly and implicitly, plaintiffs asked for specific performance of contract itself, as..........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Merely because evidence is required to decide an application, Court could not refuse to decide the same - Impugned order set aside - Matter remitted...........
Civil Procedure Code, 1908, Section 151, Order 12, Rule 6 -- Judgment on admission - Suit for declaration and permanent injunction - Suit property mutually partitioned by deed of family settlement between parties - Factum of family settlement not denied by defendants - Plaintiff not claiming an inch of land beyond what has fallen to his share - More so, defendants..........
