Civil Procedure Code, 1908, Section 24 -- Transfer of a case - Power u/s 24 of the Act cannot be invoked, unless Court from which case is sought to be transferred is Court which is subordinate to High Court or District Court of District concerned, as the case may be...........
Civil Procedure Code, 1908, Section 24 -- Scope - Broad contours of S.24 of the Act may apply only in cases where Court concerned is a civil Court or Court within meaning of S.24 of CPC - It need not necessarily be a civil Court strict sensu and it depends on context of law, which regulates creation of such Court or Tribunal like Family Court or MAC Tribunal etc...........
Civil Procedure Code, 1908, Section 24, Consumer Protection Act, 1986, Section 17A -- Transfer of consumer complaint - Consumer complaint pending before Consumer Disputes Redressal Forum cannot be transferred to any other Consumer Disputes Redressal Forum invoking S.24 CPC...........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution proceedings - Applicability of O.21.R.29 - To invoke the provisions of O.21.R.29 of CPC, the suit and execution proceedings must be pending in one and same Court...........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution proceedings - JDs filed suit for seeking injunction to restrain DHs from taking forcible possession otherwise than due process of law - In executing Court, DHs seek to recover possession by executing the decree which has attained finality upto the level of Hon'ble Supreme Court - This is certainly not a..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for recovery - Plaintiff fail to appear in witness-box and face the cross-examination - Only witness who appeared in witness-box on behalf of plaintiff failed to produce account books of the firms and its sales tax record in order to prove that the amount paid was being shown as a advance and carried..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - At the instance of defendant - Partition suit - Very wording of O.6.R.17 CPC enables own pleadings to amend or alter and not of opposite party - Defendants, who are entitled to share either as co-owners or co-sharers are at par in status with plaintiff is different from allowing the opposite party to..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - At the instance of defendant - Partition suit - Non inclusion of certain properties - It is only own pleadings which can be allowed to be amended and not of opposite party - If suit is based on joint possession by payment of fixed court fee can show in the written statement schedule in seeking for..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Restoration of restoration application dismissed in default - Decree holder should not have contested the application and could have given statement for restoration of the same subject to any terms and conditions - Application filed U.O.9.R.13 CPC ordered to be restored and two effective opportunities afforded to conclude..........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11(a) -- Rejection of plaint - Non-disclosure of cause of action - Suit for damages for defamation - Issuance of notice by counsel on behalf of his client to another counsel or party does not constitute defamation as there is no publication of defamatory material - In suit for damages, cause of action will arise only..........
