Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for specific performance - Finding on executability of the agreement, proof of its contents, question of readiness and willingness on the part of plaintiff to get the sale deed executed, are pure findings of fact based upon material available on record - Court does not find any apparent perversity in the view..........
Civil Procedure Code, 1908, Order 41 -- Appeal - Court cannot create any new case at appellate stage for either of the parties - Appellate Court is supposed to decide the issues involved in the suit based on the pleadings of the parties...........
Civil Procedure Code, 1908, Section 11, Order 2, Rule 2 -- Bar of subsequent suit - Earlier suit for declaration filed by plaintiffs at the time when cause of action to seek specific performance had not materialized in their favour, cannot defeat their subsequent suit applying principle of constructive res judicata...........
Hindu Marriage Act, 1955, Section 13(1)(ia), Civil Procedure Code, 1908, Order 1, Rule 10 -- Divorce petition filed by husband on the ground of cruelty - Plea of illicit relationship of husband - Wife seeking impleadment of adulterer - When decree of divorce is not sought against wife on the ground of adultery, then adulterer is not a necessary party - Application for..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Plaintiff led evidence on those issues also the burden of proof of which was on the defendants - Since burden is on defendants in relation to certain issues, plaintiffs have every right to reserve their right to adduce evidence in rebuttal...........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - If party leading evidence gives intimation to Court by filing memos about its intention to adduce evidence in rebuttal, Trial Court can exercise power flowing from O.18.R.3 CPC - Trial Court has equipped with power to entertain such memos for exercising power U.O.18.R.3 CPC...........
Civil Procedure Code, 1908, Section 13(f) -- Foreign judgment - A foreign judgment violative of Indian Law is not conclusive between parties - Indian Courts are thus, not bound to follow it...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Extension of time to file written statement - CPC nowhere provides that on filing a Miscellaneous application, time to file written statement would be extended or excluded...........
Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - At the instance of wife - Wife is residing at Rajsamand - Husband filed divorce petition at Udaipur - Wife living with aged parents as such it is very difficult for her to travel to Udaipur from her residential place at Rajsamand - In matrimonial proceedings, convenience of wife has to be considered..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of memo of appeal - Application for amendment filed by defendant was already dismissed by first appellate Court on the ground that said ground has already been raised by defendants in their memo of appeal and issue in that regard was already framed by trial Court - Application filed by defendant was nothing more..........
