Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Plaintiff filed the suit only in respect of share due to his mother - Applicants already got their share in respect of suit properties - By impleading proposed parties, scope of suit cannot be expected beyond the purpose for which suit has been filed - Applicants are not necessary..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - In an application U.O.7.R.11 CPC plaintiff was granted time to make payment of deficient Court fee - Plaintiff sought amendment of plaint qua Court fees and jurisdiction of Court - Trial Court held that case of plaintiff did not fall in any of carved out exceptions in S.7 of Court Fees Act and rejected..........
Civil Procedure Code, 1908, Section 25 -- Transfer of petition u/s 9 of Hindu Marriage Act - Taking into account the distance of Court where case sought to be transferred is pending and place where wife is presently residing, petition u/s 9 of Hindu Marriage Act transferred - Application allowed...........
Civil Procedure Code, 1908, Order 17, Rule 1 -- Adjournment - Family Court should not give an adjournment for a long period while referring parties to a Court Counselor...........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Recording of evidence - Non-furnishing of copies of documents accompanying affidavits - Obligation as per statue is to serve copies of affidavit which has been filed as chief examination and so far as documents are concerned, there is no requirement in law to serve copies...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of co-owner - Eviction suit - Co-owner is neither a necessary party nor proper party for effective adjudication of eviction suit - Eviction suit can be decided even without Impleading co-owner of premises in question - Application rightly rejected...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Not required to be formulated in second appeal arising in States of Punjab and State of Haryana...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Where Court is of the view that conclusions drawn by Court below do not have a basis in the evidence led or it is of view that appreciation of evidence suffers from material irregularity, Court will be justified in interfering with such findings...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for recovery of possession - Courts below had ignored material evidence on the aspect of property having been divided by father of defendant - Defendant himself admitted to having sold one plot in favour of one person claiming himself to be exclusive owner of such property - Brother of defendant sold a part of..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Death of defendant - Substitution of LRs - It is not obligatory for plaintiffs to bring on record the LRs of deceased defendant who died after filing of suit - Duty is upon actual LRs themselves to approach Court for joining suit proceedings or otherwise they may challenge the decree subsequently, if suit of plaintiffs..........
