Civil Procedure Code, 1908, Order 7, Rule 11, Employees Provident Funds and Miscellaneous Provisions Act, 1952, Section 7L(4) -- Rejection of plaint - Rejection of plaint on institutional ground is different from dismissal of suit at pre-trial stage on ground of maintainability - For dismissal on preliminary issue, Court is entitled and liable to look into entire documents..........
Civil Procedure Code, 1908, Section 13 -- Foreign matrimonial judgment - Divorce certification - Petitioner and his divorced wife voluntarily and effectively submitted to jurisdiction of UAE personal Status Court and consented to grant divorce to each other, although jurisdiction of said forum is not in accordance with provisions of matrimonial law applicable to them -..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Preliminary issue - Jurisdiction - Preliminary issue can be framed even before filing of written statement provided there are allegations made on oath by the parties...........
Civil Procedure Code, 1908, Section 16(d) -- Jurisdiction - Place of registration of document - Relevant only when other provisions i.e. Ss.15 to 19 have no application at all...........
Civil Procedure Code, 1908, Section 16(d) -- Jurisdiction - Suit for specific performance and perpetual injunction - Relief of specific performance simpliciter though lie within the jurisdiction of Court below, but relief as a whole not being within its territorial jurisdiction - Suit, thus, cannot proceed as application of S.16(d) CPC is inescapable and relief of..........
Civil Procedure Code, 1908, Section 24(5), Order 7, Rule 10A -- Transfer of suit - Where relief sought by plaintiff is partly or wholly not triable before Court where suit is instituted and both the parties agreed to transfer the case at the stage at which it is pending, Court u/s 24(5) CPC can transferred said proceedings to competent jurisdiction instead of returning the..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Object of provision is not to allow plaintiff an opportunity to commence trial afresh after he has failed to conduct suit with due diligence and care and to substantiate his case by evidence - However, very purpose of O.23 CPC is to prevent defeat of justice on technical grounds...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - With liberty to file afresh suit - Part of suit property is acquired by Government - Court below allowed application for withdrawal of suit and gave reasonable opportunity to plaintiff to implead State as necessary party in proceeding - Possibility of failure of plaintiff in the proceeding on technical..........
Civil Procedure Code, 1908, Order 21, Rule 97, 101 -- Execution - Third party objections - Decree for declaration and possession - Petitioner claimed to be owner of suit property by way of Will and contended that boundaries of suit property not mentioned in the plaint - However, record shows that boundaries of suit property are mentioned in the plaint - Moreover,..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party at appellate stage - Partition suit - Petitioners seeking their impleadment stating that boundaries of suit property are wrongly mentioned in the suit - However, no boundaries were disclosed in the sale deed in question - Moreover, it is difficult to believe that these revisionists did not have..........
