FIRST LAW

Code of Civil Procedure, 1908 - Order VI Rule 17 - Amendment of Pleadings - the expression “commencement of trial” in the proviso to Order VI Rule 17 of the Code of Civil Procedure would imply the date when the court first applies its mind after the affidavit of evidence is filed and when the first witness proves his affidavit of evidence or such witness seeks to prove a document for it to be tendered in evidence or the cross-examination of such witness begins, whichever is earlier.

Civil Procedure Code, 1908 - O. 23 R. 1A & O. 1 R. 10 - Court may strike out or add parties - When transposition of defendants as plaintiff may be permitted - As per Rule 1-A, in the eventuality of plaintiff withdrawing the suit or abandoning his claim, a pro forma defendant, who has a substantial question to be decided against the co-defendant, is entitled to seek his transposition as plaintiff for determination of such a question against the said co-defendant in the given suit itself.

The Code of Civil Procedure, 1908 - Section 100 - Substantial Question of Law - Interpretation of any terms and conditions of a document constitutes a substantial question of law within the meaning of Section 100 of the Code. 

Code of Civil Procedure - Order XXXVII - Summary Suits -  if any part of amount claimed by the plaintiff in the suit is admitted by the defendant to be due from him, the leave to defend the suit shall be granted only if the amount so admitted is deposited by the defendant in the Court, notwithstanding the fact that the triable issue or a substantial defence is raised by the defendant.

Code of Civil Procedure, 1908 - Order XXIII Rule 1(3) - the plaintiff can seek permission to withdraw from the suit with liberty to file a fresh suit in respect of the subject matter of such suit, on two grounds: (1) The suit must fail by reason of some formal defect, or (2) There are sufficient grounds for allowing him to institute a fresh suit.

Code of Civil Procedure, 1908 - Order 7 Rule 11(d) - Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - Section 34 - Ownership Flats (Regulation of the promotion of construction, sale, management and transfer) Act, 1963 (Maharashtra)

Civil P.C. 1908- O. 45 Rr. 2, 3, 7 & 8 - Appeals to the Supreme Court - Preferring a civil appeal to the Supreme Court cannot be regarded as a matter of right for any party.

Code of Civil Procedure, 1908 - Order 17 Rule 1 - Court may grant time and adjourn hearing - Costs of Adjournment - Timely delivery of justice in civil cases is a part of human right.

Civil P.C. 1908 - O. 9 R. 13 -  Family Courts Act, 1984 - S. 19 - Hindu Marriage Act, 1955 - Ss. 13(1)(ia), 13(1)(ib) & 13(1)(iii) -  Defendant who has suffered an ex parte decree passed by the Family Court has right of appeal against such decree though he has not exercised his remedy under Order IX Rule 13 of the Code.

Civil P.C. 1908 - S.151 -  Every procedure is to be understood as permissible till it is shown to be prohibited by law. Every court must be deemed to possess all such powers as may be necessary to do the right and to undo the wrong. Section 151 of the Code does not give the court any new power. It merely declares that the court has inherent power to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the court. Inherent power can be exercised to do real and substantial justice. (Para.11)

Consumer Protection Act, 1986 -  Rule 14(1)(b) - Civil P.C. 1908 -  O. 1 R. 10(4) -  Merely because the, plaintiff does not choose to implead a person is not sufficient for rejection of an application for being impleaded.  

Civil P.C. 1908 - O. 6 R. 17 -  Amendment of pleadings - I nconsistent plea can also be raised by the defendants in the written statement although the same may not be permissible in the case of plaint.

Civil Procedure Code, 1908 - S. 97 - W here any party aggrieved by a preliminary decree passed, does not appeal from such decree, he shall be precluded from disputing its correctness in any appeal which may be preferred from the final decree.

Civil Procedure Code, 1908 - Order 39 Rule 1 & 2A - Constitution of India -  Article 226 - Temporary Injunction - Compliance of -  Writ of Mandamus - P olice Protection -  When there are adequate provisions under the Code which enables the civil court to enforce and implement its orders, the plaintiff/applicant cannot approach High Court under Article 226 of the Constitution of India seeking police protection to secure compliance of the order of temporary injunction.

Code of Civil Procedure, 1908 -  Order 16 Rule 7A -  Summons given to party for service -  Court cannot compel a party against his will to obtain summons and to serve the parties/witnesses or his agent on the witnesses.

Civil Law - Permanent  Injunction & Specific Performance - Cause of action to claim a relief of permanent injunction and the cause of action to claim a relief of specific performance of agreement are independent and one cannot include the other and  vice versa -  a plaintiff cannot claim a relief of specific performance of agreement against the defendant on a cause of action on which he has claimed a relief of permanent injunction.  [Para 31 & 32]

Constitution of India -  Article 227 -  Code of Civil Procedure, 1908 -  Order 40 Rule 1 &  Order 43 Rule 1(s) -  A party to the suit is appointed as receiver, with an obligation to deposit Rs.20,000/- per month towards income. The party so appointed seeks to challenge the order insofar as it relates to the obligation imposed.  Is the remedy, by way of an appeal or in an Original Petition ?

Family Courts Act, 1984 - S. 15 - Family Courts (Kerala) Rules, 1989 - Rule 48 - Evidence - Record of Oral Evidence - The Family Court shall have the evidence of the witnesses recorded by the Advocate Commissioner appointed only if either parties to the lis have no objection to adopt such course of procedure - The witnesses shall be permitted to be examined before the face of the Court itself if either parties to the lis insist on such procedure in which event the Judge need record substance of the deposition only.

Code of Civil Procedure, 1908 -  Order XXXIII Rule 1 -  Court Fees and Suits Valuation Act, 1959 ( Kerala)   -  Section 4A -  Suits may be instituted by an indigent person - Balance Court Fee -  The benevolent provisions under Order XXXIII of the Code are intended to help the poor litigants who are unable to pay the requisite court fee to file a suit because of their poverty - Those provisions are not meant for misuse by multi-millionaires -  They are not intended for use by affluent persons.

Civil Procedure Code, 1908 - Sections 51, 74, Order 21 Rule 35 -  Powers of court to enforce execution -  Decree for immovable property -  Resistance to execution.