Civil Procedure Code, 1908, Order 41, Rule 23 -- Suit disposed of on a preliminary point - Decree reversed in appeal - Appellate Court can remand the case for fresh trial - U.O.41.R.23-A CPC appellate Court may remand suit to trial Court even though such suit has been disposed of on merits when Appellate Court considers that retrial is necessary...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Partition suit - No dispute that all the parties constituted a joint Hindu undivided family - Admittedly there was no prior partition deed or a decree of Court - Held, plaintiff being a coparcener in the Joint Hindu Undivided Family of deceased was entitled to 1/6th share as determined by Trial Court - Appeal..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Applicability of - There is no discussion or finding with regard to title of parties to schedule property, which is subject matter in present suits, either substantially or incidentally - Held, it cannot be said that since Court in earlier suit had considered all documents marked on behalf of plaintiffs in present..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant not served with summons in suit - Their address in suit was also not correct - Defendants had no knowledge about pendency of suit - However, Advocate appeared on behalf of defendant by filing memo of appearance - Plea of defendants that they had never authorized Advocate to put in..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for specific performance - By way of amendment plaintiff furnished more details about the mode of payment of consideration - There is no inconsistency and amendment sought for is not barred by limitation - Amendment allowed - No interference...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings - Amendments - Factors to be taken into consideration : (1) whether the amendment sought is imperative for proper and effective adjudication of the case; (2) whether the application for amendment is bona fide or mala fide; (3) the amendment should not cause such prejudice to the other side which cannot be..........
Civil Procedure Code, 1908, Section 122, Rule of, 236 - - Final decree - Engrossment on stamp paper - Procedure for - Held, a final decree in a partition suit shall be prepared on no, judicial stamp paper of requisite value - A copy of final decree shall be sent to Sub Registrar for registration - A final decree cannot be engrossed on stamp paper of value proportionate to..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - May be filed even after filing of written statement by seeking amendment in written statement - It may be in respect of cause of action which may have arisen during pendency of suit also - However, the restriction is that the cause of action must have arisen before filing of written statement...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Section , Order 43, Rule 1(d) -- Ex parte decree - Application to set aside ex parte decree dismissed - Appeal against order dismissing application is maintainable - Petitioner can canvass the circumstances which transpired earlier to seek the indulgence of the Court for issuing appropriate..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Section , Order 30, Rule 4, Contract Act, 1872, Section 45 -- Plaint - Amendment - Partnership firm - Death of one out of two partners - Amendment of plaint sought to alter its cause title to bring about changes that plaintiff is a proprietary concern - Held, the remaining partner of the firm even..........
