Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Error which is to be established by a long drawn process of reasoning on points where there may conceivably be two opinions can hardly be said to be an error apparent on the face of record...........
Civil Procedure Code, 1908, Section 11, Succession Act, 1925, Section 387 -- Res judicata - Succession certificate granted to Ist wife of deceased holding that second marriage was illegal - Does not operate as res judicata on subsequent proceedings for establishing the same right - While granting succession certificate, Court has no authority to determine marital status of..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Sufficient cause - Petitioner remained ex-parte on two occasions and provided no valid and sufficient reason to set aside ex-parte decree - If intention of litigant is not bonafide then he is not entitled to indulgence of Court - Order dismissing application calls for no interference...........
Civil Procedure Code, 1908, Section 11 -- Constructive res judicata - Earlier suit filed on the basis of award and its consequential enforcement was dismissed for defect in the jurisdiction of Court - Rights of plaintiff in subsequent suit for partition and recovery of properties filed on the basis of title and share in ancestral and common properties of firm did not get..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment - Necessary party - Partition suit - Sisters of appellant being legal heirs are proper and necessary parties for adjudication of suit - There is no bar to implead them even at the stage of final decree proceedings - Application allowed...........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Necessary party - Partition suit - All heirs in partition suit are entitled for share in suit property including daughters, irrespective of their marital status and any suit without impleading all legal heirs, is liable to be dismissed...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 9, Rule 6(1(a)), Civil Procedure Code, 1908, Order 8, Rule 10 -- Ex-parte decree - Setting aside - Non filing of written statement and non appearance to explain the circumstances under which written statement was not filed and to seek further time for said purpose - It is an ex parte decree..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 3 -- Rebuttal evidence - Additional evidence cannot be lead in the garb of rebuttal evidence - There is difference between rebuttal evidence and additional evidence - Evidence in rebuttal cannot be lead to fill lacunas in evidence...........
Civil Procedure Code, 1908, Order 7, Rule 11(b) -- Expression `barred by any law' in O.7.R.11(b) CPC must include the law of limitation as well and therefore, plaint can be rejected under said provision on the ground of bar of limitation also...........
Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - Absence of cause of action and non disclosure of cause of action - There is distinction between the two - Difference lies in the manner in which the correctness or otherwise of the two pleas is to be ascertained - Averment that there is no cause of action to file suit has to be tested for its..........
