Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - No claim made against defendant No.2 in the suit - Counsel of defendant No.2 failed to point out as to how he will be prejudiced by order of proceeding ex parte against him - Moreover, case is at the stage of arguments - By allowing application of defendant, case would have to be taken to..........
Civil Procedure Code, 1908, Section 2(2) -- Decree - Compromise - Suit decided on the basis of compromise and parties were to remain bound by the compromise - Order amounts to decree as dispute between parties is settled and inter se rights have been decided on basis thereof...........
Civil Procedure Code, 1908, Section 2(2), Order 23, Rule 3 -- Compromise - A party seeking to enforce terms of compromise must fully abide the terms thereof and cannot selectively get terms of compromise enforced...........
Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Preliminary issue - Issue of limitation if not a pure question of law, cannot be decided as preliminary issue U.O.14.R.2 CPC...........
Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Issues - O.14.R.2 CPC stipulates that when issues of both law and facts arise in the same suit, Court may dispose the suit by trying issue of law first - For this purpose, provision specifies two questions of law, which are : (i) jurisdiction of Court; and (ii) a bar to suit created by any law for the time being in force...........
Civil Procedure Code, 1908, Order 7, Rule 11, Partnership Act, 1932, Section 69(2) -- Rejection of plaint - Suit for declaration and injunction - Sale transaction in question not arising out of business of firm - Suit is for enforcing right of avoidance of a document on the ground of fraud and misrepresentation and also the statutory right of seeking declaration and..........
Civil Procedure Code, 1908, Section 9, Haryana Urban (Control of Rent and Eviction) Act, 1973 -- Jurisdiction of civil Court - Suit for possession - Lease - After expiry of lease term of the lease deed, tenant becomes a statutory tenant - Such a tenant can be evicted under the provisions of 1973 Act as jurisdiction of Civil Court is impliedly barred...........
Civil Procedure Code, 1908, Section 44A -- Execution - Foreign decree - Expression `District Court' in S.44-A CPC for execution of foreign decree, will be construed to be a Court holding ordinary original civil jurisdiction in terms of its pecuniary limits as being notified u/s 5(2) of Delhi High Court Act...........
Civil Procedure Code, 1908, Section 44A -- Execution - Foreign decree - Principal civil Court of original jurisdiction is normally a District Court - But where there is a split jurisdiction based on its pecuniary value, notified from time to time, District Court or High Court in its ordinary original civil jurisdiction is competent to exercise power for execution of decree..........
Civil Procedure Code, 1908, Section 44A -- Execution - Foreign decree - Once pecuniary jurisdiction of Court exceed Rs.20 lakhs as notified by High Court u/s 5(2) of Delhi High Court Act, jurisdiction vests exclusively with the High Court as an ordinary original civil jurisdiction for execution a foreign decree u/s 44-A CPC subject to just objections which are available to..........
