Civil Procedure Code, 1908, Order 8, Rule 1, Commercial Courts Act, 2016, Section 15 -- Written statement - Not filed within time - Extension of time - Transfer of suit from non-commercial division to Commercial division - Provision of S.15 of Commercial Act apply to those procedure that were not completed at the time of transfer - However, in the instant case, procedure..........
Civil Procedure Code, 1908, Section 24 -- Wife seeking transfer of divorce case - Husband filed divorce case in Family Court Rajgarh Distt. Churu - Wife is working as Principal in Government School at Churu - Two daughters of parties are presently residing with husband - There is thus, no ground to transfer the divorce petition from Family Court Rajgarh Distt. Churu to..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - For collection of evidence, Commissioner cannot be appointed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Allowed by Appellate Court - On the same very day appeal was allowed by setting aside judgment and decree of trial Court - No reason given as to why in the absence of further evidence being recorded by first appellate Court on basis of amended written statement, judgment and decree of trial..........
Mutation -- Disputed question of title as well disputed questions of law and facts cannot be entertained in mutation proceedings and can best be adjudicated in pending civil suits...........
Service -- Dismissal from service - Appellant was appointed as conductor in 1979 and was dismissed in 1982 - He served the respondent corporation for about 3 years - Considering the time gap ever since he was appointed, he must have attained the age of superannuation - Appellant awarded lump sum compensation of Rs.2 lakhs instead of going into merits of controversy either..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - No party can be permitted to adduce evidence beyond pleadings...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Public document - Cannot be taken on record when there is no pleading to that effect...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file afresh - Limitation - Once the permission is granted to withdraw the suit with liberty to file fresh suit, law of limitation will apply only as if the very suit after granting permission by Court has been instituted afresh...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within statutory period - O.8.R.1 CPC is not mandatory in non-commercial case - Even in an exceptional case it is required on the part of Court to record findings for accepting written submission beyond limitation...........
