Civil Procedure Code, 1908, Order 26, Rule 10A -- Medical examination of wife - Divorce proceedings - Strong prima facie evidence is required to order medical examination of wife...........
Civil Procedure Code, 1908, Order 26, Rule 10A, Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce proceedings - Medical examination of wife - Husband has sought to project wife being of unsoundness of mind - Husband in his petition for annulment of marriage has not preferred petition invoking mental unsoundness of wife but it is filed on the ground of cruelty - Writ..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Filing of counter claim after issues have been framed cannot be allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Nature of amendment is an elaboration of defence - Though amendment sought were within knowledge of petitioner when written statement was filed, however, due to delay cost of Rs.10,000 shall be paid to plaintiffs - Amendment allowed subject to payment of cost of Rs.10,000/-...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Filing of counter claim after issues have been framed cannot be allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Nature of amendment is an elaboration of defence - Though amendment sought were within knowledge of petitioner when written statement was filed, however, due to delay cost of Rs.10,000 shall be paid to plaintiffs - Amendment allowed subject to payment of cost of Rs.10,000/-...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration of title - Defendants admitted the ownership of plaintiff upon suit property - Plaintiff has not laid any claim over land which is owned and possessed by defendants - Suit rightly decreed in favour of plaintiff - Second appeal dismissed...........
Specific Relief Act, 1963, Section 38, 39 -- Permanent and mandatory injunction - Plaintiff failed to produce a single document of title in respect of suit land - Revenue documents led in evidence are essentially fiscal in nature - Moreover, revenue authorities or revenue Courts cannot decide complicated cases involving disputes regarding title for which jurisdiction only..........
Civil Procedure Code, 1908, Section 115, Order 26, Rule 9 -- Local Commissioner - Refusal to appoint - Revision - Order does not decide any issue nor does it adjudicate any rights of parties for the purpose of suit - Revision not maintainable against such an order...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Demarcation of property - Suit for possession and mandatory injunction - Prima facie there does not appear to be any dispute regarding demarcation of land, as suit simpliciter is for possession and mandatory injunction - It is for plaintiff to prove his case and she cannot take the aid of..........
