Civil Procedure Code, 1908, Order 7, Rule 11, Hindu Adoptions and Maintenance Act, 1956, Section 12 -- Rejection of plaint - Dismissal of application - Adoption - By virtue of amendment in the Act in year 2005, no such vested property can be presumed in favour of plaintiff as no such indefeasible right was ever created in favour of plaintiff prior to the year 2005 i.e. on..........
Civil Procedure Code, 1908, Order 21, Rule 41(2) -- Execution - Money decree - Court has jurisdiction to ascertain properties of J.D. if money decree remains unsatisfied for a period of 30 days - A direction can be issued on the application of decree holder...........
Civil Procedure Code, 1908, Section 21 -- Inherent jurisdiction - Issues of territorial and pecuniary jurisdiction are not issues of lack of inherent jurisdiction because such objections can be waived as per S.21 CPC...........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal - Plaintiff cannot be permitted to lead evidence in rebuttal to prove facts required to be established in affirmative - Some paras of the affidavit filed in rebuttal ordered to be deleted/struck off and consequently documents marked as exhibits in these paragraphs would automatically be taken out of consideration...........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Adjudication on titles must follow the recourse to ordinary civil jurisdiction of a Court of competent jurisdiction u/s 9 CPC - To allow administrative authorities of State including Collector to adjudicate upon matters of title involving civil disputes would be destructive of rule of law...........
Civil Procedure Code, 1908, Order 5, Rule 25 -- Service on defendant residing out of India and having no agent in India - Report of process server that respondent could not be served as he had gone abroad - Report does not say that respondent has left India and has started residing out of India - O.5.R.25 deals where defendant resides outside India on permanent or quasi..........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Suit for possession - Defendant duly served at the address as furnished before Executing Court - He appeared through counsel and filed written statement controverting allegations in plaint - But he did not lead any evidence and suit was decreed against him - He did not appeal against that order -..........
Civil Procedure Code, 1908, Section 47 -- Execution - Eviction decree - Objections - Person who was party to original proceedings and who set up completely different case in original proceedings, cannot plead new facts in application u/s 47 CPC and claim that decree was nullity, on basis of new facts so pleaded - Application rightly rejected...........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Before ordering substituted service Court has to record a finding that it has reason to believe that respondent is keeping out of the way for the purpose of avoiding service of notice or that for any other reason, summons cannot be served in ordinary way - In absence of such a finding, Court cannot..........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Publication of notice in a newspaper - Purpose of publication of substituted service is to bring to the notice of defendant about pendency of proceeding - Notice should be published in a newspaper having wide circulation in the locality, where defendant voluntarily resides...........
