Civil Procedure Code, 1908, Order 39, Rule 2A -- Temporary injunction - Disobedience - In case of disobedience of any injunction granted under Rr.1 and 2 or breach of any of the terms of injunction, the Court granting injunction may order the property of the person guilty of such disobedience or breach to be attached and may also order such person to be detained in the..........
Civil Procedure Code, 1908, Order 21, Rule 29, Civil Procedure Code, 1908, Order 9, Rule 13 -- Stay of execution proceedings pending decision of application filed U.O.9.R.13 CPC - Stay application be heard and decided on merits prior to execution of warrants of possession so that defendant is able to prima facie put forth his case before being dispossessed in execution of..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for recovery on basis of pronote - Whether plaintiff has proved execution of pronote and receipt by leading cogent evidence, can be said to be a question of fact - It cannot be said to be question of law much less substantial question of law - High Court thus, committed a serious error in upsetting concurrent..........
Civil Procedure Code, 1908, Section 115, Order 6, Rule 17, Constitution of India, 1950, Article 227 -- Application U.O.6.R.17 - Petition under Art.227 filed against dismissal of such application - Remedy is available u/s 115 CPC - High Court ought to have converted writ petition into revision - Impugned order dismissing writ petition set aside - Matter remitted for..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Time for filing written statement would commence from the date when suit along with documents is provided to defendant...........
Civil Procedure Code, 1908, Section 151, Order 8, Rule 1 -- Written statement - Striking off - Plaint along with all documents annexed therewith was supplied to defendant on 13 March 2020 - 30 days for filing written statement would expire in April 2020 - In view of Judgment of SC in Re: Cognizance for Extension of Limitation Suo Moto Writ petition, since the written..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Presented after a long time of filing of written statement - Until that date, issues had not been framed in the suit - Counter claim could not have been removed out of consideration merely for this reason...........
Civil Procedure Code, 1908, Section 24 -- Transfer of case - In order to adjudicate and decide an application for transfer, it is balance of convenience which has to be considered foremost...........
Civil Procedure Code, 1908, Section 24, Hindu Marriage Act, 1955, Section 9 -- Transfer of petition u/s 9 of Hindu Marriage Act - Wife sought transfer of proceedings on the ground that she has minor child to take care of and has no financial support - Husband on the other hand opposed the transfer petition on medical grounds - Considering medical ground of husband, liberty..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree against wife - Setting aside - Summons was served, yet wife refused - Wife had knowledge of legal procedure, as she filed three criminal cases against husband - On several dates after summons was served and wife did not remain present, decree of divorce came to be passed after waiting for almost 6..........
