Civil Procedure Code, 1908, Section 9, Land Acquisition Act, 1894, Section 4, 6, Constitution of India, 1950, Article 226 -- Acquisition proceedings - Jurisdiction of Civil Court - Held, Civil Court has no jurisdiction to go into the question of validity or legality of notification and declaration - Only right available for aggrieved person is to approach High Court U/A..........
Civil Procedure Code, 1908, Section 9, 21 -- Jurisdiction of Civil Court - Objection as to exclusion - Held, objection as to exclusion of Civil Court's jurisdiction for availability of alternative forum should be taken before trial Court and at the earliest failing which higher Court may refuse to entertain plea in the absence of proof of prejudice...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Not attracted in the matter of jurisdiction...........
Succession Act, 1925, Section 371, Civil Procedure Code, 1908, Section 11 -- Succession certificate - Territorial jurisdiction - Earlier similar application was dismissed on ground of territorial jurisdiction - Fresh application filed at the same place is not barred by res judicata as principle of res judicata is not attracted in the matter of jurisdiction so as to confer..........
Civil Procedure Code, 1908, Section 16, Family Courts Act, 1984, Section 7(1) -- Declaratory suit - Place of jurisdiction - Disputed immovable property situated within territorial limits of Family Court, `K' - Principal relief sought for is a decree of declaration of petitioner's right, title and possession of said property - Held, thus, as per S.16 CPC, proceeding which..........
Civil Procedure Code, 1908, Section 47 -- Execution - Executing Court - Power u/s 47 of the Code - Extent of - Executing court cannot go beyond decree or cannot question correctness of validity of decree except where decree is a nullity or is without jurisdiction...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Application should be disposed of along with the appeal and not independently thereof - However, order allowing additional evidence cannot be upset in revisional jurisdiction under Article 227 of the Constitution - Objection that document received as an additional evidence is..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Plea that Court has no jurisdiction - Plea can only be decided after providing an opportunity to the parties to lead evidence in support of their pleadings...........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Issue as to valuation of suit - Cannot be tried as preliminary issue as this issue is neither of jurisdiction nor pertaining to bar to the suit - Application rightly dismissed by trial Court...........
Civil Procedure Code, 1908, Section 37, 38, Order 21, Rule 32 -- Execution - Specific performance - Area where property situated transferred to another District - Held, Explanation to S.37 CPC provides that a Court of first instance does not cease to have jurisdiction to execute a decree merely on the ground that after the institution of the suit or after passing of the..........
