Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Couple having two daughters aged 12 and 8 years - Wife is residing with parents and thus not much of a cause for the wife unable to look after the children...........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Invocation of jurisdiction u/s 24 CPC is not to be lightly inferred unless and until there are bonafide compelling reasons for Court to come to the aid of applicant...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - Plaintiff is dominus litis and has right to implead any person as a party against whom he seeks relief in the suit, but in the garb of such right, he can neither deprive a person who has vested right in the property-in-question nor can get suit decided malafidely in collusion...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - Partition suit - Property in question is ancestral property - Applicants had equal right of ownership in suit property as was enjoyed by plaintiff's father - Plaintiffs as well as applicant are living under one roof, their business, residence, telephone connection and gas connection are also common..........
Hindu Marriage Act, 1955, Section 13B, 23, Civil Procedure Code, 1908, Section 96 -- Divorce by mutual consent - Appeal against decree of divorce by mutual consent is maintainable...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Arbitration proceedings - Dispute referred to Arbitrator and objections taken in said arbitration proceedings cannot be looked into at the stage of deciding application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 2 -- Rejection of plaint - Arbitration proceedings - Arbitration proceedings do not fall within the definition of suit - Provisions of CPC do not strictly apply to arbitration matters as provided u/s 19 of Arbitration and Conciliation Act, 1996 - Plaint cannot be rejected U.O.2.R.2 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 2 -- Rejection of plaint - Objections raised U.O.2.R.2 and S.11 CPC - Contentions are self contradictory - If res judicata applies, then provision of O.2.R.2 CPC would not be applicable - Dismissal of application calls for no interference...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficit Court fee - Plaint cannot be rejected without following procedure prescribed U.O.7.R.11(c) and issue of deficit court fee can be decided only after framing of issues and leading evidence by parties...........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of documents - Application for production of documents filed by plaintiff to produce documents which she received under RTI Act - Said application dismissed by trial Court on the ground of res judicata - However, earlier applications and present application were separate and distinct - Procedural and technical..........
