Civil Procedure Code, 1908, Order 14, Rule 1, 2, Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Issues - Counter claim having been filed, an issue qua the same was mandatorily required to be framed...........
Civil Procedure Code, 1908, Order 14, Rule 1, 2, Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Issues - Application filed to frame issue qua counter claim after final arguments were heard - Trial Court to frame an issue qua counter claim but defendant would not be at liberty to lead any evidence at this stage qua said issue and Court to decide the issue..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Substitution of LRs on the basis of Will not probated - For substitution U.O.22 CPC, Court cannot go into question of genuineness of Will...........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of plaintiff - Substitution of LRs on the basis of Will not probated - Probate would only reassert the title of executor - Executor can act even before probate is obtained - Contention of defendant/petitioner that unless and until probate is granted in favour of opposite party, she cannot continue to pursue the suit..........
Hindu Marriage Act, 1955, Section 13B, Civil Procedure Code, 1908, Order 1, Rule 10 -- Divorce by mutual consent - Impleadment of a stranger - A stranger to a matrimonial discord can never resist its resolution through dissolution on mutual consent...........
Civil Procedure Code, 1908, Order 6, Rule 17, Protection of Women From Domestic Violence Act, 2005, Section 12 -- Complaint/Petition u/s 12 of Act of 2005 - Amendment - Columns for monetary reliefs were inadvertently left blank in the complaint - Same was an apparent oversight and there was no reason why complainant should not be permitted to rectify the same - Moreover,..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Admission against law - Where question and its answer are both a mixed question of fact and law, a so called admission against law can never be an admission as visualized U.O.12.R.6 CPC...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Courts can invoke O.12.R.6 CPC only in cases where admissions are unconditional, unequivocal and unambiguous or when admission is based upon undisputed inferences...........
Civil Procedure Code, 1908, Order 8, Rule 1(3) -- Late production of documents - Statutory provision of O.8.R.1-A(3) CPC provides a second opportunity to defendant to produce documents which ought to have been produced in the Court along with written statement subject to seeking leave of Court...........
Civil Procedure Code, 1908, Order 8, Rule 1(3) -- Late production of documents - Partition suit - Defendant no.1 sought to produce original bank passbooks and bank statement of defendant no.1 and defendant no.2 - Trial Court exceeded its jurisdiction to deny leave to produce said documents on record by recording a finding that authenticity and genuineness of documents seem..........
