CPC

CPC S. 10 – Rent Act – Rent is not required to go into the serious question of title – S. 10 is not applicable.

CPC S. 10 – Is referable to a suit instituted in the civil Court and it cannot apply to proceedings of other nature instituted under any other statute – Not open to the High Court to bye-pass Section 10 CPC by invoking Section 151 CPC.

CPC S. 151 – Cannot be exercised so as to nullify the provisions of the Code

CPC O. 6 R. 17 – Mere failure to set out even an essential fact does not, by itself constitute a new cause of action.

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CPC

CPC O. 6 R. 2 – Procedural law – Provisions relating to pleadings – Object of

CPC, 1908, O. 6 R. 2 - Procedural law - Provisions relating to pleadings - Object of - Procedural law...

Business

Partenership firm – Dissolution – Effect of dissolution is not to render the firm non-existent – It continues to exist for all purposes necessary for its winding up – One of these is of course the recovery of moneys due to it by suit or otherwise – CPC O. 30 R. 1

Vivian Bose, J., Said (at p. 315): "It is argued on behalf of the defendants that O. 30, R. 1,...

CPC O. 30 – Existence of the provisions of O. XXX in the Code does not mean that a plaint filed in the name of a firm doing business outside India is not a suit infact by the partners of that firm individually

A case of a partnership firm where this Court pointed out that Sec. 4 of the Partnership Act uses the...

Service matter – Wilful misconduct and negligence simplicitor are not inter changeable terms

Specific Relief Act S. 22 (2) – CPC O. 6, R. 17 – Amendment of

Specific Relief Act, 1963, Section 22 (2) - Civil Procedure Code 1908 (V of 1908) Order 6, Rule 17 –...

Evidence – Issues – Pleadings – It is, not permissible for the court to allow the party to lead evidence which is not in the line of the pleadings.

Evidence - Issues - Pleadings - It is, not permissible for the court to allow the party to lead evidence...

Issues – Additional issue – Order, containing valid reasons, cannot legally be set aside, in exercise of limited revisional jurisdiction of this Court

Constitution of India, Art. 227 – Issues – Additional issue - Suit for a decree of declaration and permanent injunction...

Issues – Framing of – It is the issues fixed and not the pleadings that guide the parties in the matter of adducing evidence.

Issues - Framing of - The object of framing issues is to ascertain/shorten the area of dispute and pinpoint the...

CPC O. 14 R. 1 – Issues fixed and not the pleadings that guide the parties in the matter of adducing evidence.

CPC, 1908 O. 14 R. 1 - It is neither desirable nor required for the court to frame an issue...

CPC O. 14 R. 5 – Additional issue – Framing of – Duty of the court.

CPC Order 14 Rule 5 – Additional issue- It is the duty of the Court to frame the proper/specific issues...

CPC, 1908 O.14 R.1, O. 6 R.1 – Pleadings – Decision cannot be based an grounds outside pleading of parties

CPC, 1908 O.14 R.1, O.6 R.1 - Pleadings - Object - Decision cannot be based an grounds outside pleading of...

Rent – Fair rent – Provisional tent – Refund – Rent Controller can direct a refund if it finally finds amount found deposited to be in excess.

CPC O. 39 R. 1, 2 – Alleged agreement to sell in favour of the petitioner is unregistered document – Such an unregistered document cannot be accepted being in contravention of the provisions of the Registration Act, 1908.

CPC O. 39 R. 1, 2 – No sale deed in favour of petitioner – Registered sale deed in favour...

CPC O. 39 R. 1, 2 – Public toilets – Affect on ground water .

Civil Procedure Code 1908 (V of 1908) Order 39, Rules 1, 2 – Public toilets are being constructed under the...

CPC – Defence struck off – Set aside – Substantial justice to be done.

Civil Procedure Code 1908 (V of 1908) – Defence struck off - Court does not find any legal error with...

CPC O.9 R. 13 – Setting aside ex-parte judgment – Death during pendency of suit – Interests were fully protected by the other LRs

Civil Procedure Code, 1908 (V of 1908) Order 9, Rule 13 – Setting aside ex-parte judgment and decree – Death...

CPC O. 39 – Will – Registered manually – Questions to be decided during trial