Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Power of Court qua review jurisdiction is no longer res judicata...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Power of Court qua review jurisdiction is no longer res judicata...........
Civil Procedure Code, 1908, Section 16, Order 7, Rule 10 -- Return of plaint - Lack of territorial jurisdiction - Suit property was situated outside the territorial jurisdiction of trial Court over which plaintiffs have claimed their right to carry construction - Trial Court was justified in holding that Court lacks territorial jurisdiction to entertain suit - Plaint..........
Civil Procedure Code, 1908, Section 115 -- Revision - Objection regarding maintainability of revision is required to be addressed first before proceeding to decide the revision on merits - This not being done, order deciding revision, suffers from patent illegality and irregularity and the same set aside...........
Civil Procedure Code, 1908, Order 26, Rule 10A -- Medical examination of wife - Divorce proceedings - Strong prima facie evidence is required to order medical examination of wife...........
Civil Procedure Code, 1908, Order 26, Rule 10A, Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce proceedings - Medical examination of wife - Husband has sought to project wife being of unsoundness of mind - Husband in his petition for annulment of marriage has not preferred petition invoking mental unsoundness of wife but it is filed on the ground of cruelty - Writ..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Filing of counter claim after issues have been framed cannot be allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Nature of amendment is an elaboration of defence - Though amendment sought were within knowledge of petitioner when written statement was filed, however, due to delay cost of Rs.10,000 shall be paid to plaintiffs - Amendment allowed subject to payment of cost of Rs.10,000/-...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Filing of counter claim after issues have been framed cannot be allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Nature of amendment is an elaboration of defence - Though amendment sought were within knowledge of petitioner when written statement was filed, however, due to delay cost of Rs.10,000 shall be paid to plaintiffs - Amendment allowed subject to payment of cost of Rs.10,000/-...........
