Civil Procedure Code, 1908, Section 10 -- Stay of suit - Proceedings pending before Sub Registrar - Subsequently civil suit filed for partition - Two different cases not pending before two different civil Courts - Proceedings pending before Registrar cannot be termed as suit pending before competent civil Court - S.10 CPC is not applicable - Suit filed by plaintiff cannot..........
Civil Procedure Code, 1908, Section 100 -- Suit decreed and counter claim dismissed - Two appeal filed thereagainst - Appellate Court consolidated the appeals and disposed them of by a common judgment - Single second appeal by paying separate Court fee filed - Held, appeal is maintainable...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - It has the same effect as a cross suit...........
Civil Procedure Code, 1908, Section 24 -- Transfer of a case - Power u/s 24 of the Act cannot be invoked, unless Court from which case is sought to be transferred is Court which is subordinate to High Court or District Court of District concerned, as the case may be...........
Civil Procedure Code, 1908, Section 24 -- Scope - Broad contours of S.24 of the Act may apply only in cases where Court concerned is a civil Court or Court within meaning of S.24 of CPC - It need not necessarily be a civil Court strict sensu and it depends on context of law, which regulates creation of such Court or Tribunal like Family Court or MAC Tribunal etc...........
Civil Procedure Code, 1908, Section 24, Consumer Protection Act, 1986, Section 17A -- Transfer of consumer complaint - Consumer complaint pending before Consumer Disputes Redressal Forum cannot be transferred to any other Consumer Disputes Redressal Forum invoking S.24 CPC...........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution proceedings - Applicability of O.21.R.29 - To invoke the provisions of O.21.R.29 of CPC, the suit and execution proceedings must be pending in one and same Court...........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution proceedings - JDs filed suit for seeking injunction to restrain DHs from taking forcible possession otherwise than due process of law - In executing Court, DHs seek to recover possession by executing the decree which has attained finality upto the level of Hon'ble Supreme Court - This is certainly not a..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for recovery - Plaintiff fail to appear in witness-box and face the cross-examination - Only witness who appeared in witness-box on behalf of plaintiff failed to produce account books of the firms and its sales tax record in order to prove that the amount paid was being shown as a advance and carried..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - At the instance of defendant - Partition suit - Very wording of O.6.R.17 CPC enables own pleadings to amend or alter and not of opposite party - Defendants, who are entitled to share either as co-owners or co-sharers are at par in status with plaintiff is different from allowing the opposite party to..........
