Civil Procedure Code, 1908, Order 8, Rule 10 -- Dismissal of application U.O.8.R.10 CPC - Where defendant has been permitted to join the proceedings by setting aside ex-parte order U.O.9.R.7 CPC, then it is necessary for defendant to file written statement so as to effectively defend the proceedings - Application rightly dismissed...........
Civil Procedure Code, 1908, Section 151 -- Inherent powers - Additional evidence - Provision for additional evidence though stands deleted from CPC, however, Court has power u/s 151 CPC to permit additional evidence in order to do substantive justice between the parties...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleading - Correction/amendment of date of marriage - Such amendment is only formal in nature and should have been allowed by trial Court rather than forcing parties to come to High Court - Rules of procedure are made for advancing cause of justice and for scuttling it - Amendment allowed...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for permanent injunction simpliciter - No ownership or possession is claimed - Applicant who sought his impleadment on the basis of ownership of land regarding which permanent injunction was sought by plaintiff, is neither necessary party nor a proper party - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Application U.O.14.R.5 CPC - Order rejecting application by a no, speaking order - Order unsustainable - Matter remanded for fresh decision...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Extension of time for payment - Husband contended that marriage between parties is itself is null and void as per observation of criminal Court, he is not liable to pay maintenance to wife - Contention rejected, as until and unless a competent civil Court passes a decree of divorce, observations made in..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Deletion of name of a party - Allegations in plaint are general qua all defendants including petitioner - On the basis of averments in application role/capacity of petitioner cannot be determined - Application rightly rejected...........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of first Appellate Court - Non-formulation of points of determination - Mere deviation from procedural requirements U.O.41.R.31 CPC, does not call for any interference to disturb concurrent findings of facts recorded by Courts below...........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of first Appellate Court - Points of determination - Real point for determination before First Appellate Court was correctness or otherwise of findings recorded by trial Court on issues framed in the case...........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of first Appellate Court - Presumption of correctness of facts - Mere abstract criticism of evaluation of evidence and in absence of counter pleadings and corresponding evidence is untenable...........
