Civil Procedure Code, 1908, Order 5, Rule 9 -- Summons - Service by registered post - Where registered cover is properly addressed and duly sent by registered post with acknowledgement due, then Court can declare that the summons have been duly served...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Jurisdiction of Court - There is no need to issue summons to defendant when Court after going through the plaint finds that it has no jurisdiction...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - It is duty of Court to reject plaint if plaint does not disclose a cause of action or if it is beyond the jurisdiction of the Court...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Consent decree - Setting aside - Remedy available is to approach the Court which passed the consent decree...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Fresh suit for the same relief and on the same cause of action is barred unless such right is reserved and Court accords permission...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Evidence within knowledge not produced in the trial Court - Order dismissing application, upheld...........
Civil Procedure Code, 1908, Section 96, Order 41, Rule 2 -- New plea - Raised for the first time in appeal - Held, new plea not pleaded in defence in trial Court cannot be entertained at appellate stage...........
Civil Procedure Code, 1908, Section 25 -- Transfer of petition - Suit pending in Family Court, Indore - Wife living in Mumbai which is at a distance of 900 k.m. - Wife has no one in family to escort her during her journey from Mumbai to Indore - Case transferred from Indore to Mumbai...........
Civil Procedure Code, 1908, Section 25 -- Matrimonial dispute - Transfer of case - Petition u/s 125 Cr.P.C. already pending at Kalyan and Ulhasnagar (Maharashtra) - Wife having one minor daughter - It will be difficult for her to attend the Court proceedings at Allahabad - Case transferred from Court at Allahabad to a Court at Ulhasnagar...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Court can allow additional evidence at appellate stage if on consideration of entire evidence on record it comes to an independent finding that any document which is sought to be produced or any witness proposed to be examined is necessary to pronounce judgment - Court can also allow..........
