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..........
Civil Procedure Code, 1908, Section 24, Hindu Marriage Act, 1955, Section 21A -- In case of conflict between a general law and a special law it is special law which prevails...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for Specific performance - Objections raised by defendant are mixed question of facts and law and it could have been heard and decided after framing of issues and leading evidence by respective parties - If third party rights are created, it would result in multiplicity and complicity of..........
Civil Procedure Code, 1908, Order 21, Rule 64, 66 -- Execution - Attachment of property - Suit filed against Company through its Managing Director - Petitioner being Managing Director has given personal undertaking in the written statements, chief-affidavits as well as in cross-examination for repayment of suit amounts personally - He cannot now take a ground that he is..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Defendant may file counter clam as against claim of plaintiff before defendant delivers his defence or before time limited for delivering his defence has expired...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Counter claim sought to be filed nearly ten months after filing of written statement and more particularly after issues were framed - Leave to file counter claim cannot be sought after framing of issues - Defendant, not entitled for grant of leave for filing counter claim...........
