Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition suit - Final decree proceedings can be initiated at any point of time - There is no limitation for initiating final decree proceedings...........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition suit - Preliminary decree - Once a preliminary decree is passed by trial Court, Court should proceed with the case for drawing up final decree suo motu - There is no need to file a separate final decree proceedings - In the same suit, Court should allow concerned party to file an appropriate application for drawing..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition suit - Preliminary decree merely declares rights and shares of parties and leaves room for some further inquiry to be held and conducted pursuant to directions made in preliminary decree and after the inquiry having been conducted and rights of parties being finally determined, a final decree incorporating such..........
Civil Procedure Code, 1908, Section 96, Order 41, Rule 31 -- Judgment of First Appellate Court - Non-consideration of evidence on record - Partition suit - High Court while deciding first appeal not considered the evidence on record - Suit was instituted in the year 1991, more than 3 decades ago - Evidence discussed by trial Court neither disputed nor demolished by..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Plaintiffs while filing suit has claimed decree of declaration that plaintiff no.1 is owner in possession of half share of suit property whereas plaintiff nos 2 & 3 together are owners of remaining half - Before Courts below neither any issue was framed on this aspect of the matter nor attention of Court was drawn..........
Hindu Marriage Act, 1955, Section 13B, 28 -- Decree of divorce by mutual consent - Appeal u/s 28 of the Act is maintainable against such decree...........
Hindu Marriage Act, 1955, Section 13B, 28 -- Decree of divorce by mutual consent - Appeal - Parties are living together along with their son - It is thus, never too late to mend ways - Decree of divorce by mutual consent held, set aside...........
Limitation Act, 1963, Article 136 -- Execution - Decree of permanent injunction - To implement a decree for perpetual injunction, no limitation is provided...........
Civil Procedure Code, 1908, Order 9, Rule 13, Provincial Small Cause Courts Act, 1887, Section 17 -- Ex parte decree - Setting aside - Compliance of S.17 of 1887 Act - While filing application U.O.9.R.13 CPC, it is mandatory to comply with S.17 of 1887 Act first and failure of that, no application can be entertained U.O.9.R.13 CPC...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise or lawful agreement - Both are required to be in writing and signed by the parties - Court cannot pass decree U.O.23.R.3 CPC in the absence of written agreement...........
