Civil Procedure Code, 1908, Order 20, Rule 5 -- Judgment of First Appellate Court - First Appellate Court after scrutinizing entire pleadings and evidence on record affirmed findings of trial Court - No exception therefore, can be taken to judgment passed by First Appellate Court, particularly when same is hit by provision of O.20.R.5 CPC...........
Civil Procedure Code, 1908, Order 20 -- Final decree - Preliminary decree does not completely dispose the civil suit and suit continues till final decree is passed - There is therefore, no need to file an application and apply for final decree proceedings by litigants - It is an obligation on Court to draw up final decree...........
Civil Procedure Code, 1908, Section 20(c) -- Territorial jurisdiction - Suit for declaration - Suit filed by plaintiff is a derivative action on behalf of defendant No.2 which is a company incorporated in Dubai - Plaintiffs were also resident nationals of Dubai - Merely because dispute is about those shares which are issued by Indian Company would not lead to conclusion..........
Civil Procedure Code, 1908, Order 20, Rule 18.S -- Partition suit - Final decree proceedings - Party who opposed partibility of estate and whose share is not determined in preliminary decree, cannot straight away apply for passing final decree without getting supplementary preliminary decree passed...........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Preliminary decree - Partition suit - There can be multiple preliminary decrees in suit for partition...........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Preliminary decree - Partition suit - Declaration of rights of parties to partition suit is not dependent on payment of Court fee by defendant - It affects only actual partition and separation of his share in property...........
Civil Procedure Code, 1908, Order 20, Rule 18.S -- Partition suit - Final decree proceedings - In exceptional cases, supplementary final decree can be passed, provided original final decree or final decree passed earlier has not concluded the matters sought to be declared in supplementary final decree...........
Civil Procedure Code, 1908, Order 20, Rule 12, Indian Contract Act, 1872, Section 73, 74 -- Mesne profits - Lease deed - Actual rate of prevailing rent - No evidence led as to what was actual rate of prevailing rent for grant of mesne profits at a rate higher than agreed rent - Lease deed in question also does not provide for a figure of Rs.48,000 p.m to be granted as..........
Civil Procedure Code, 1908, Order 20, Rule 18, Succession Act, 1925, Section 27(c) -- Partition suit - Grandfather of plaintiff and defendant executed Will by giving absolute right in suit property to defendant - Plea that at time of execution of Will, plaintiff was in womb of his mother therefore not included as beneficiary under Will - Will probated and proved in..........
Civil Procedure Code, 1908, Order 20, Rule 18, Succession Act, 1925, Section 27(c) -- Partition suit - Grandfather of plaintiff and defendant executed Will by giving absolute right in suit property to defendant - Plea that father executed settlement deed in favour of his wife so that both plaintiff and defendant should enjoy suit property equally - Admittedly, father had..........
