Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - Convenience of wife has to be prioritized in a petition for transfer of case in matrimonial cases - Since petition for restitution of conjugal rights filed by wife is also pending before Family Court, Baikunthpur, divorce petition filed by husband thus, also transferred to Family Court, Baikunthpur -..........
Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - Convenience of wife has to be prioritized in a petition for transfer of case in matrimonial cases - Since petition for restitution of conjugal rights filed by wife is also pending before Family Court, Baikunthpur, divorce petition filed by husband thus, also transferred to Family Court, Baikunthpur -..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 10 -- Rejection of plaint - For determining whether plaint discloses any cause of action or not, Court has to see only averments in the plaint and accompanying document relied upon in the plaint and the fact elicited from plaintiff by examining him U.O.10 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 10 -- Rejection of plaint - For determining whether plaint discloses any cause of action or not, Court has to see only averments in the plaint and accompanying document relied upon in the plaint and the fact elicited from plaintiff by examining him U.O.10 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court cannot look into defence set up by defendant while deciding application U.O.7.R.11 CPC - Court has to presume the fact stated in plaint as correct...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court cannot look into defence set up by defendant while deciding application U.O.7.R.11 CPC - Court has to presume the fact stated in plaint as correct...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for specific performance - Only plaint averments can be seen at this stage - Whether any fraud has been committed or not has to be determined only after recording of evidence - Application rightly rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for specific performance - Only plaint averments can be seen at this stage - Whether any fraud has been committed or not has to be determined only after recording of evidence - Application rightly rejected...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Subsequent development during pendency of suit can be brought on record by way of amendment for proper adjudication of case...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Relief of possession sought by way of amendment of plaint, as during pendency of suit possession is taken over by defendants - Plaintiffs thus, have every right to claim possession and also to claim decree of possession of land - Unless relief and pleadings with regard to..........
