Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Suit of plaintiff based on settlement deed executed in his favour and two sale deeds - Settlement deed executed only a few days prior to institution of suit - Sale deeds which plaintiff put forward as documents of title are unregistered documents - Courts below rightly held that..........
Civil Procedure Code, 1908, Section 24 -- Transfer of a case - Matrimonial proceedings - Convenience of wife has to be considered than inconvenience of husband...........
Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - Wife is residing in her parents house which is at a distance of 75 kms from the place where divorce petition was filed by husband - Petition u/s 9 of Hindu Marriage Act is also pending where wife is residing - Petitioner filed by husband transferred to the place where wife is residing...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Non-filing of application for condonation of delay - Preliminary decree in partition suit passed by trial Court was affirmed upto High Court - Merely on technicalities one should not be made to suffer the rights adjudicated upto level of High Court on the ground of delay or non-filing..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of partition suit - Dismissed in default after passing of preliminary decree - Suit dismissed due to non-appearance of counsel for plaintiff though suit proceedings were being regularly adjourned for last nine years awaiting orders from High Court - Merely non-appearance of plaintiff or his counsel on one occasion..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Non-filing of application for condonation of delay - Preliminary decree in partition suit passed by trial Court was affirmed upto High Court - Merely on technicalities one should not be made to suffer the rights adjudicated upto level of High Court on the ground of delay or non-filing..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of partition suit - Dismissed in default after passing of preliminary decree - Suit dismissed due to non-appearance of counsel for plaintiff though suit proceedings were being regularly adjourned for last nine years awaiting orders from High Court - Merely non-appearance of plaintiff or his counsel on one occasion..........
Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - Petition is governed by provision of S.24 CPC...........
Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - Husband filed divorce petition at place `J' and thereafter wife filed petition for divorce at place `P' - Petition preferred subsequently by wife transferred to the Court where earlier petition was preferred by husband...........
Civil Procedure Code, 1908, Section 24, Hindu Marriage Act, 1955, Section 21A -- Transfer of divorce petition - Difference between S.24 CPC and S.21-A of Hindu Marriage Act - Court acting u/s 24 CPC may or may not in its judicial discretion transfer a particular subsequent application to be tried along with particular earlier application - Whereas, S.21-A of Hindu marriage..........
