Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - For attracting a bar of provision of O.2.R.2 CPC, Court in which earlier proceedings were initiated ought to have jurisdiction to entertain subsequent proceedings - If earlier Court had no jurisdiction to try the claim as made in subsequent suit, bar U.O.2.R.2 CPC would not apply...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Earlier suit for permanent and mandatory injunction filed before Civil Court having no jurisdiction, as suit could be tried only by Small Causes Court - Subsequent suit filed before Court of Small Causes based on the same cause of action as earlier suit, held, not barred by O.2.R.2 CPC - Even otherwise..........
Civil Procedure Code, 1908, Section 151 -- Examination of opponent party as a witness - AIR 2000 Kerala 369 followed wherein held "that a party to the suit has not been conferred any specific right to summon the opposite party as a witness to be examined on his side - In the absence of any provision conferring such a right on a party to the suit, it must be held that there..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of written statement - Amendment sought to incorporate that petition u/s 9 of Hindu Marriage Act is not maintainable and Family Court has no jurisdiction to try the same - In the absence of any material on record, High Court unable to decipher as to whether trial has commenced when application for..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Agricultural property - Suit for cancellation of sale deed - Dispute as to ownership of agricultural property still pending in revenue Court - Since civil Court has no right to decide the main relief of declaration and recognition of bhumidhari rights of disputed agricultural property, therefore..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Proceedings U.O.39.R.2-A CPC are separate and distinct and in case the same have commenced during pendency of suit or appeal, then subsequent dismissal of suit/appeal does not render the interim order passed earlier non est or without jurisdiction...........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Disobedience of interim injunction order - Where a party is accused of flouting or disobeying interim orders and proceedings have initiated during pendency of suit/appeal, as the case may be, subsequent dismissal of application, suit, appeal or even withdrawal of same would have no consequence in so far as disobedience is..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Territorial jurisdiction - Issue regarding jurisdiction of Court already framed by Trial Court - Prima facie from the contents of plaint, it cannot be determined that civil Court has no jurisdiction to entertain the suit - Moreover, question regarding territorial jurisdiction is always disputed question..........
Civil Procedure Code, 1908, Section 9, 16 -- Pecuniary jurisdiction - Valuation of suit - Suit for permanent injunction - Civil Judge having unlimited pecuniary jurisdiction of hearing of case - Valuation of suit therefore, not going to effect pecuniary jurisdiction of Court...........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Partition suit - Agricultural land - Civil Court has no jurisdiction to decide the real dispute between parties regrading agricultural land, as Revenue Court has to decide and declare the ownership of such property - Moreover, suit is barred by S.331 of U.P.Z.A. and L.R. Act - Suit rightly dismissed...........
