Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of advocate commissioner - Commissioner can be appointed before issues are framed or evidence is led - Contention that order appointing a Commissioner before evidence is led is premature, held, untenable...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of advocate commissioner - Dispute as to nature and use of suit lands - Appointment of advocate commissioner to inspect the suit lands and note down the nature of said lands and uses to which the lands are being put to, cannot be faulted - Said appointment for that purpose by no stretch of imagination can be..........
Civil Procedure Code, 1908, Order 6, Rule 4 -- Pleadings - Suit challenging sale deed - Plaintiff failed to prove the ingredients of O.6.R.4 CPC - It is hard to believe that plaintiffs were not aware of particulars of land agreed to be sold, as they stated to have received the sale consideration - A registered document carries even presumption of truth, if not challenged..........
Civil Procedure Code, 1908, Section 24, Hindu Marriage Act, 1955, Section 13 -- Transfer of case - Husband filed divorce petition at place `M' whereas wife residing at place `B' - Distance between two places 400 kilometres - Four cases between parties pending at place `B' - Comparative hardship is more to the wife - Divorce petition filed by husband at place `M'..........
Civil Procedure Code, 1908, Section 16, 20, Order 7, Rule 10 -- Jurisdiction - Court concluding that it has no jurisdiction - Recording of finding on merits not permissible - Only course open to Court is to return plaint to be presented before proper forum...........
Civil Procedure Code, 1908, Section 16, 20 -- Jurisdiction - Court having no jurisdiction if still decides matter - Cannot be cured by the Act or consent of parties...........
Civil Procedure Code, 1908, Section 16, 20 -- Jurisdiction - A case of inherent want of jurisdiction can be set up at any stage of proceeding but not an irregularity in exercising jurisdiction...........
Civil Procedure Code, 1908, Order 3, Rule 4(2) -- Change of counsel - Another counsel engaged before getting `No objection' from counsel to be changed - Plea that this is unfair and unreasonable - Supreme Court Judgment in R.D.Saxena Vs Balram Prasad Sharma, reported in 2000(3) Civil Court Cases 695 (S.C.) : 2000(2) Apex Court Journal 12 (S.C.) followed wherein held that..........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint Res judicata - Not a ground to reject plaint - Res judicata is a mixed question of law and fact and it requires evidence to be recorded to decide it...........
Civil Procedure Code, 1908, Order 9, Rule 8, 9 -- Partition suit - Dismissal in default - Bar to fresh suit on same cause of action - Not applicable to partition suit - Successive suit for partition on same cause of action, is maintainable till partition is effected by metes and bounds...........
