CPC
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...
Read more
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 –...
Read moreEvidence – 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...
Read moreIssues – 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...
Read moreIssues – 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...
Read moreCPC 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...
Read moreCPC 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...
Read moreCPC, 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...
Read more
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...
Read moreCPC 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...
Read moreCPC – 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...
Read moreCPC 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...
Read moreCPC O. 39 – Will – Registered manually – Questions to be decided during trial
Civil Procedure Code, 1908 (V of 1908) Order 39, Rules 1, 2 – Will –Will in question is a registered...
Read moreCPC O. 39 R. 1, 2 – Revisional jurisdiction – Court will not interfere in such exercise of discretion
Civil Procedure Code, 1908 (V of 1908) Order 39, Rules 1, 2 - Revisional jurisdiction, when both the Courts below...
Read moreCPC O. 6 R. 17 – Incumbent to show that on account of intervening circumstances, relevant facts could not be mentioned or were omitted despite due diligence
Civil Procedure Code, 1908 (V of 1908) Order 6, Rule 17 – Petitioner has merely stated that inadvertently and due...
Read more