Category: Civil Procedure Code , 1908

The mistakes committed by the High Court were manifold. First, the   High   Court   framed   a   question   which   was   actually   a question of fact which involved appreciation of evidence and not…

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…

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…

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…

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: The principle that the plaintiff is the dominus litis shall be applicable only in a case…

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…

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…

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…

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…