Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - Petition by wife - Wife has to traverse distance of 55 kms from Mansa to Sangrur to attend hearings - Husband appears to be desperado and it would be a grave threat to wife if she attends hearing at Sangrur especially when she has a small minor child to look after - It is evident that it is a case of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Both trial Court and Appellate Court on basis of evidence led by parties came to conclusion that prima facie plaintiff was residing in the house built by his father and defendant was trying to sell it off - Said apprehension was fortified by agreement to sell made out after order of trial Court for..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Remand - Appellate Court is under obligation to decide itself the lis between parties, unless it comes to definite finding that matter requires leading of evidence once again by Court below - Appellate Court no doubt has power to remand matter but it has to follow certain conditions - Since, record is sufficient to..........
Civil Procedure Code, 1908, Order 9, Rule 6 -- Ex parte order - Not a bar to resume appearance on subsequent proceedings...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Petition filed by husband for restitution of conjugal rights - Wife residing outside jurisdiction of Court - Date fixed in the case never informed by counsel to wife - Wife immediately after knowing ex parte decree contacted lawyers and thereafter filed application for setting aside ex parte..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Concurrent findings of fact in relation to encroachment over portion of 3 inch of gali in question by defendant - Documents of sale deed of defendants himself do not support defence taken by defendant - No substantial question arises in second appeal - Second appeal dismissed...........
Civil Procedure Code, 1908, Order 22, Rule 3A, Legal Services Authorities Act, 1987, Section 21 -- Compromise decree passed by Lok Adalat - Can be challenged by filing writ petition in the High Court and that too on very limited grounds - Setting aside of Lok Adalat Award by Civil Court after conducting detailed enquiry, for which he is not authorised, set aside...........
Civil Procedure Code, 1908, Order 21, Rule 97, 99, 101 -- Execution - Third party objections - Maintainable even when an application for impleadment by such third party was earlier rejected...........
Civil Procedure Code, 1908, Order 16, Rule 7 -- Summoning of public officials to produce documents - Certified copies of public documents which are sought to be summoned could be produced in evidence - Summoning of public officials to produce said documents not necessary - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 16, Rule 7 -- Summoning of public officials to produce documents - Unless a bona fide attempt to obtain certified copies failed to yield results and unless petitioners are able to satisfy Court that production of original public documents is necessary, petitioners are not entitled to make a request to issue summons for production of..........
