Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Where a person who claims interest by way of filing supporting documents and pleadings cannot be thrown out at the threshold - Application allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought on account of death of father of plaintiffs - Plaintiffs claim in the suit originally was challenge to transfer deed executed by their father and his wife - They asserted their claim over the estate of their parents - During the life of father, plaintiffs had no cause of action to seek..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Rejoinder - Plaintiff did not mention anything in his application about new facts being mentioned in the written statement filed by defendants - Even, last opportunity was granted to plaintiff to produce evidence but instead of producing his witnesses in evidence, plaintiff filed present application which shows the lethargic..........
Civil Procedure Code, 1908, Order 18, Rule 3, 4, Hindu Marriage Act, 1955, Section 13 -- Recording of evidence through video conferencing - Divorce proceedings - Wife defending suit through her mother in whose favour she executed power of attorney - Evidence of wife's mother and power of attorney holder has already been recorded as PW1 - Wife has not appeared before trial..........
Civil Procedure Code, 1908, Order 8, Rule 1, Limitation Act, 1963, Section 5 -- Written statement - Not filed within time - Condonation of delay - Right to file written statement was closed due to non-filing of written statement within time period - Application for opening of right to file written statement was filed after more than 4 years along with application for..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file fresh suit - Ground invoking the provision is that amount has been withdrawn by defendant no.4 - Defect so spelled out in the application does not fall within the ambit of expression formal defect - Order allowing application set aside - Suit restored...........
Criminal Procedure Code, 1973, Section 340, Family Courts Act, 1984, Section 19(1) -- Order rejecting application u/s 340 Cr.P.C - Appeal u/s 19(1) of Family Courts Act is maintainable and appeal filed under provisions of Cr.P.C or BNSS would not be maintainable in view of non-obstante clause as per S.19(1) of Family Courts Act...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Plaintiff by way of amendment wants to question the validity of Will, on the basis of which defendant sought to have suit dismissed - Without determination of question of Will and its genuineness, partition of suit property would not be possible - Application for amendment rightly..........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13 -- Ex parte divorce decree against wife - Setting aside - Wife had not been able to render satisfaction that she had been prevented by any sufficient cause from appearing - She did not seek before Family Court right to be represented by legal practitioner - Wife appointed one and entered..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94 -- Plea of juvenility - Application for claim of juvenility can be made even after judgment and order of conviction has been granted against a person which has attained finality...........
