Civil Procedure Code, 1908, Section 151, Order 26, Rule 1 -- Examination of witness by Local Commissioner - Sick person - Certain medical prescriptions were laid before Court by petitioner regarding his ailment, which reflect about range of motion of limbs - Range of movement by itself cannot be construed to be an ailment disabling petitioner not to attend Court -..........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11(d) -- Rejection of plaint - Res judicata - Trial Court rejected plaint without proper pleadings, framing of an issue of limitation and taking of evidence - Question of limitation and res judicata is mixed question of law and fact, which may require not only examination of plaint but also other evidence - More so,..........
Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Framing of an issue - Issue of limitation - Suit for partition and declaration that sale deeds in question are null and void - Sale transactions have been effected right from 1965 - Court ought to have framed an issue as to whether relief sought for as regards sale deeds was barred by law of limitation, irrespective of..........
Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Framing of an issue - Partition suit - Disputed genealogical tree - Contrary versions of genealogical tree exists - Issue in that regard is to be framed for proper adjudication in a suit for partition...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Purchasers of undivided share prior to institution of suit are necessary parties - Plaintiffs omission to array said purchasers necessitates reconsideration of matter after affording an opportunity to purchasers...........
Civil Procedure Code, 1908, Section 107(b) -- Powers of appellate Court - Remand - Partition suit - There is absence of relevant material as is required to adjudicate contentions in a suit for partition - Court sitting in appeal is not in a position to determine the case finally as contemplated in S.107(a) CPC - Matter remanded to trial Court...........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Service of summons to subsequent purchaser - Partition suit - Service of notice of application U.O.39.Rr.1, 2 filed by defendant, cannot be taken to be service of suit summons to subsequent purchaser...........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Service of summons to subsequent purchaser - Partition suit - Resort to notice by way of substituted service through paper publication in a mechanical manner without trial Court having found as regards factum of avoidance of notice by subsequent purchaser would vitiate order passed U.O.5.R.20 CPC...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Divorce petition - Proposed amendment sought by husband is not likely to change nature of relief originally claimed in suit - Both the reliefs i.e originally claimed in suit and now in proposed amendment are founded on ground specified u/ss 10, 13(1) of Hindu Marriage Act - No apparent conflict shown if..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 420 IPC - Quashing of proceedings - Pendency of civil suit - Averments in complaint and suit entirely different - Transaction a money transaction - Complainant who had opted his remedy before civil Court, with an apprehension of not getting a favourable order, has given a..........
