Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration - Courts below returned the factual findings that shares of parties in suit land are not forthcoming from revenue record - Parties were not clear about legal position - No specific pleadings were taken in respect of land which was lying vacant or constructed thereupon - Suit rightly dismissed...........
Civil Procedure Code, 1908, Order 8, Rule 6A, Civil Procedure Code, 1908, Order 7, Rule 11 -- Counter claim - Counter claim shall not exceed pecuniary jurisdiction of Court as per O.8.R.6-A CPC - However, there is no bar to Civil Judge Senior Division to entertain counter claim which is within its pecuniary jurisdiction...........
Succession Act, 1925, Section 372 -- Succession certificate - Determination of status of person as widow or divorcee, cannot be said to be determination of title or final determination of status, as same will be subject to determination and adjudication by civil Court under and in terms of provisions of S.387 of the Act...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Observation made by Court in succession certificate proceedings regarding status of person as widow, cannot be said to be a finding binding upon opposite party as operating res judicata, as opposite party would be well within their rights to question said title or status of person in an appropriate proceeding...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit for specific performance - Restraining defendant from alienating suit property during pendency of suit - Any alienation effected during pendency of suit is always subject to the result of suit - To avoid multiplicity of proceedings, defendant is directed to maintain status quo till disposal of..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend - Cannot be sought by defendant at the stage when he enters appearance in response to summon for appearance - If application for leave to defend had been made at that stage by defendant, it ought to be dismissed as premature...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Though application u/s 125 Cr.P.C is made before Criminal Court as defined u/s 6 Cr.P.C, but right decided by Court is purely civil in nature...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Res judicata - Proceedings initiated u/s 125 Cr.P.C is quasi civil and quasi criminal - Provision of S.11 CPC i.e. principle of res judicata is applicable to proceedings u/s 125 Cr.P.C...........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution proceedings - Suit and execution proceedings referred to in O.21.R.29 CPC should simultaneously be pending before very same Court and not before two different Courts which are not of co-ordinate jurisdiction...........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution proceedings - Provision U.O.21.R.29 CPC would apply only if suit is instituted prior to execution proceedings and in the event of execution proceedings have already been instituted, mere institution of suit subsequently and its pendency cannot be made basis to invoke O.21.R.29 CPC...........
