Or. 23 R. 3 — Consent order
All the parties to the consent terms are required to fully comply with the terms of settlement/consent terms and the consent order. One party cannot be permitted to say that…
Or. 41 Rr. 1(3), 5 and Or. 27 R. 8-A — Deposit of decretal amount for maintaining appeal
Instead of depositing entire decretal amount as directed by High court, the deposit as directed by State Government of Rs 45,00,000 can be taken as sufficient compliance of direction issued…
Or. 14 R. 2 — What are Preliminary issues – when may be framed and tried as preliminary issues
Preliminary issues can be those where no evidence is required. Thus, for instance, on basis of reading of plaint or applicable law, if jurisdiction of court or bar to suit…
S. 96, Or. 41 Rr. 31 and 33: Principles summarised regarding powers and duty of first appellate court in deciding an appeal under S. 96 CPC r/w Or. 41 R. 31
Cryptic and cursory approach of High Court as first appellate court is not sustainable. Remand to first appellate court to determine the matter afresh, not warranted in the instant cae.…
Or. 1 Rr. 10,1,3 and 9 as to when principle of dominus litis inapplicable and Or. 6 R. 17: Amendment of suit is not permissible when the same changes the nature of suit
Or. 1 Rr. 10,1,3 and 9 as to when principle of dominus litis inapplicable: The principle that the plaintiff is the dominus litis shall be applicable only in a case…
S. 96 — Scope of First appeal
Duty of first appellate court, principles summarized. It is trite law that the procedural defect may fall within the purview of irregularity and capable of being cured, but it should…
Civil Procedure Code, 1908 — Or. 41 R. 27 — Admissibility of additional evidence in appellate court not adduced in the court of original jurisdiction:
Admissibility of additional evidence under Or. 41 R. 27 CPC does not depend upon the relevancy of the issue on hand, or whether the applicant had an opportunity for adducing such evidence at an earlier…
Civil Procedure Code, 1908 — S. 25
In this case, transfer petition by wife from one State to another where she was residing with her parents was allowed. Husband had not appeared in spite of notice and…
Civil Procedure Code, 1908 — Or. 23 R. 3 — Modification of consent judgment/decree
Modification of consent judgment/decree is not permissible when not vitiated by fraud, misrepresentation or a patent or obvious mistake. Application seeking modification of consent judgment/decree filed under S. 152 must…
Civil Procedure Code, 1908 — Or. 23 R. 3-A and Or. 7 R. 11(d) — Applicability of Bar under Or. 23 R. 3-A on suit seeking to set aside compromise/consent decree on ground that compromise on which decree is based was not lawful —:
An independent suit challenging compromise/consent decree on ground that it is not lawful is not maintainable. Proper remedy for challenging compromise/consent decree on ground that it is not lawful, reiterated,…