Civil Procedure Code, 1908, Section 151, Order 14, Rule 5 -- Framing of additional issues - After closure of plaintiff's evidence - Suit for declaration - Grant of declaration is dependent upon claims set up by plaintiffs on the basis of two Wills and one family settlement - Plaintiffs had already concluded their evidence and after closing of the same voluntarily, have..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Application filed with incorrect facts - Appellants negligent in pursuing the matter - Condonation of delay rightly refused...........
Protection of Women From Domestic Violence Act, 2005, Section 12, Limitation Act, 1963, Section 5 -- Domestic violence - Delay in filing appeal - Condonation of delay - Delay in filing appeal against ex parte order passed u/s 12 of PWDV Act - Material brought on record shows that opposite party No.2 is wife of petitioner and a son is born from said wedlock - Petitioner is..........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issues - Issues sought to be framed by defendant are already existing since inception - Entire endeavor of defendant by filing present application was aimed at delaying decision of suit - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 37, Rule 5 -- Recovery suit - Commercial transaction between parties - Suit is pending and defendants have not yet filed their written statements disclosing their defence - Trial in the suit on merits is yet to commence - Any observations made by Supreme Court on facts would cause prejudice to rights of parties while prosecuting suit on..........
Civil Procedure Code, 1908, Order 22, Rule 5 -- Substitution of LRs - Title inter se between LRs is not to be settled at this preliminary stage - Impleadment of LRs is only to represent the estate of deceased...........
Civil Procedure Code, 1908, Order 22, Rule 5 -- Substitution of LRs - At the stage of O.22.R.5 CPC, purpose is only to bring all LRs on record for conduct of legal proceedings - Such a course does not operate as res judicata, nor inter se dispute between rival LRs would be settled in any manner...........
Civil Procedure Code, 1908, Section 11, Order 22, Rule 5 -- Res judicata - An enquiry U.O.22.R.5 CPC does not operate as res judicata in subsequent proceedings...........
Civil Procedure Code, 1908, Section 11, Order 22, Rule 5 -- Res judicata - Orders passed in application for substitution of L.R's - A decision U.O.22.R.5 CPC is in the nature of collateral proceedings for the purpose of determining who are LRs for continuing the suit - Order passed is not a final order or final adjudication of the matters involved in the suit - Absence of..........
Civil Procedure Code, 1908, Order 6, Rule 16, Civil Procedure Code, 1908, Order 14, Rule 5 -- Order dismissing applications U.O.6.R.16, O.14.R.5 CPC - Composite petition u/art 227 of Constitution challenging said order disposing of two miscellaneous applications is not maintainable for misjoinder of cause of action - Dismissal of two miscellaneous applications unconnected..........
