Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - A defendant who has not filed written statement but has adopted written statement filed by another defendant has no right to seek amendment of written statement not filed by him...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - An individual plaintiff or an individual defendant cannot seek to amend plaint or written statement filed jointly...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Amendment of joint plaint or joint written statement - Application for amendment has to be filed by all the plaintiffs or all the defendants, who have filed said pleadings jointly...........
Civil Procedure Code, 1908, Section 89 -- Mediation is not confined merely to disputes pending before Court in lis, but extends to all ancillary, connected and even independent disputes which parties may voluntarily choose to settle...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Compromise - When parties enter into a lawful compromise before a mediator, such settlement once reported and accepted by Court, carries binding force of a decree U.O.23 CPC...........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Matrimonial disputes ought to be adjudicated in a forum accessible to wife, unless strong countervailing factors exist...........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial proceedings - Settlement arrived at between parties during pendency of transfer petition - Parties guided by seasoned counsel and Mediator, not only agreed to dissolve their marriage by mutual consent u/s 13-B of Hindu Marriage Act but have also comprehensively settled collateral issues, i.e, permanent..........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Publication of summons in a newspaper other than a daily newspaper is a violation of requirement of law and therefore cannot be termed merely as an irregularity in service of summons...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Ex parte decree - Setting aside - Non-compliance of O.5.R.20 CPC - Summons was published in weekly newspaper and not in a daily newspaper - There is thus clear violation of mandatory provision U.O.5.R.20(1-A) CPC with regard to substituted service - Ex parte decree set aside...........
Civil Procedure Code, 1908, Order 41, Rule 25, 27 -- Additional evidence at appellate stage - Application filed U.O.41.Rr.25, 27 CPC is required to be decided along with main appeal and appropriate orders be passed on the said application, after hearing both the parties...........
