Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Mutation case on the basis of registered Will - Even if mutation case is decided against the plaintiffs and they raise a claim on the basis of same registered will, before regular Courts, Regular Courts would have jurisdiction to determine the issue without being influenced by findings returned in..........
Court Fees Act, 1870, Section 7(iv)(c), Civil Procedure Code, 1908, Order 7, Rule 11 -- Court fee - Rejection of plaint - Since plaintiff-respondent were not seeking decree for declaration they were rightly held not liable to pay ad valorem court fee by Trial Court and order deserves to be upheld...........
Court Fees Act, 1870, Section 7(iv)(c), Civil Procedure Code, 1908, Order 7, Rule 11 -- Court fee - Rejection of plaint - Issue of court fee is primarily between plaintiff and State - Defendants have hardly any role to play - Trial Court was well within its jurisdiction to pass order and same deserves to be upheld...........
Court Fees Act, 1870, Section 7(iv)(c), Civil Procedure Code, 1908, Order 7, Rule 11, Constitution of India, 1950, Article 226 -- Court fee - Rejection of plaint - Defendants cannot be permitted for stalling progress of suit before Trial Court because they are not going to suffer any kind of prejudice due to alleged inadequacy of court fee paid by plaintiff - Although it..........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Admissibility of document - Once document is admitted in evidence and marked without objection, same is not liable to be questioned at later stage that mode of proof ought to have been different as per law - However, it does not compel Court to accept document as nomenclature or to accept purpose for which it have been..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Ad valorem Court fee - Suit for declaration that rejection of bid is invalid and mandatory injunction to accept highest bid - Valuation of suit not to be less that bid amount - Plaintiff directed to pay the ad valorem Court fee not only before Trial Court but also before High Court - Plaintiff directed..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - A witness not named in the list of witnesses cannot be allowed to be examined as a witness at the fag end of trial - Moreover, recall of a witness is only when a witness is examined - Application for summoning witness rightly rejected...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Application to set aside ex parte decree filed after two years of service of notice in the execution petition - Application for setting aside ex parte decree is highly belated - Order dismissing application, upheld...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 3 -- Impleadment of a party - Partition suit - Death of plaintiffs after passing of preliminary decree - Proceedings do not abated due to death of plaintiffs, as hearing is already over and preliminary decree is also passed - Application to bring LRs of deceased plaintiffs need not be..........
Civil Procedure Code, 1908, Order 22, Rule 10 -- Devolution of interest - From third party and not from plaintiff - For impleadment on ground of devolution of interest the same must be from plaintiff and not from third party as in that case devolution does not connect plaintiff with interest in the suit property and accordingly application is not maintainable...........
