Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso - Amendment of plaint - Sought that referred documents are fraudulently manufactured by contesting defendant and to add an additional relief of decree of possession - Plaintiff NRI in advanced years of his life - Non inclusion of relief of possession is due to lapse of counsel as plaintiff was wholly dependent upon..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Remand - Non-framing of specific issue - Merely because an issue is not specifically framed, cannot be basis for remanding matter, without examining aspect of prejudice suffered by either party to litigation before trial Court, particularly, when parties were clearly aware about such issue and they contested the same by..........
Civil Procedure Code, 1908, Order 43, Rule 1(u) -- Appeal against remand order - Court U.O.43.R.1(u) CPC is concerned about validity of remand order and not merits of case of either party...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Principle of res judicata cannot be caged in confines of S.11 CPC - This canon of law is of far more general application and wider generic extension...........
Civil Procedure Code, 1908, Section 11, 24 -- Res judicata - Not applicable to transfer application, as principle of res judicata applies to a decision of a suit or an issue and decision of an application u/s 24 of the Act cannot be treated to be decision of an issue - Second/subsequent application u/s 24 of the Act thus, not barred by res judicata...........
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..........
