Civil Law
Section 22 CPC | Mandatory To Issue Prior Notice To Opposite Party In Plea Seeking Transfer Of Suit To Different Court: MP High Court
The Madhya Pradesh High Court has dismissed a petition seeking transfer of a civil suit from a Narsinghpur court to Jabalpur court, observing that the application was not maintainable due to non-compliance with the mandatory requirement of issuing prior notice to the opposite parties under Section 22 CPC. Section 22 CPC states that where a suit may be instituted in any one of two or more...
Special Marriage Act | 1-Year Waiting Period For Filing Divorce Plea Can Be Waived In Cases Of 'Exceptional Hardship': Delhi High Court
The Delhi High Court has held that the statutory one-year waiting period for filing a divorce petition under the Special Marriage Act, 1954, can be waived in exceptional circumstances where continuation of the marriage would only prolong the parties' hardship.A Division Bench comprising Justice Vivek Chaudhary and Justice Renu Bhatnagar allowed an appeal filed by a husband challenging a...
CPC | Defendant Cannot Retract Pleadings By Filing Additional Written Statement : Supreme Court
The Supreme Court has held that a defendant cannot be permitted to radically alter her stand in a civil suit through an additional written statement after the trial has commenced, particularly when the new plea is inconsistent with the original defence. The Supreme Court has set aside a Calcutta High Court order that allowed a defendant to file an additional written statement at an advanced...
O.7 R.3 CPC | Not Mandatory To Include Defendant's Property In Schedule To Suit For Determination Of Boundary: Kerala High Court
The Kerala High Court recently held that it is not necessary to schedule the property of the defendant in suits for determination/fixation of boundary as per Order VII Rule 3 of the Code of Civil Procedure. The Division Bench of Justice Satish Ninan and Justice P. Krishna Kumar clarified that the mandate is that the plaint must describe the plaintiff's property and mention that the...
S.17 CPC | Partition Suit For Properties Across Jurisdictions Can Be Filed In Any Court Where A Portion Is Situated: Kerala High Court
The Kerala High Court has said that under Section 17 CPC if immovable properties are situated in the jurisdiction of different Courts, then a partition suit can be instituted in any of the Courts within whose jurisdiction any portion of the property or one or more properties may be situated.The Division Bench of Justice Sathish Ninan and Justice P. Krishna Kumar examined Sections 16 and 17...
Order VI Rule17 CPC | Mere Delay In Seeking Amendment Of Pleadings Not Ground To Reject It: Rajasthan High Court
The Rajasthan High Court has held that mere delay in making an amendment application under Order 6 Rule 17 CPC is not enough by itself to refuse such an amendment, since the delay could be compensated in terms of money.Order 6 Rule 17 CPC authorizes the court to permit a party to alter or amend their pleadings at any stage of the proceedings. The bench of Justice Maneesh Sharma highlighted...
High Court Can't Act As 'Third Court Of Facts' In Second Appeals Under Section 100 CPC: Rajasthan High Court
The Rajasthan High Court has held that while exercising jurisdiction under Section 100 CPC, the High Court is not expected to function as a 'third court of facts' for undertaking fresh factual inquiry or reassessing evidence, merely because another view was possible from the record. The bench of Justice Farjand Ali observed that the findings of fact by the courts below carried a presumption...
'Direct Evidence Of Adultery Extremely Difficult': Madras High Court Grants Divorce Citing Wife's Close Proximity With Another Man
The Madras High Court recently granted divorce to a man on the grounds of adultery by his wife, stating that though there was no direct evidence of sexual intercourse, there was evidence regarding close proximity of the wife with another married man. The bench of Justice CV Karthikeyan and Justice K Rajasekar noted that adultery itself is an act of secrecy, and it is very difficult...
Final Decree Application Not Necessary When Preliminary Decree Specifies Option If Physical Partition Was Impractical : Supreme Court
The Supreme Court on Monday (May 18) observed that merely because no separate application for passing a final decree under Order XX Rule 18 of the Code of Civil Procedure was filed, a preliminary decree would not become inexecutable, especially where the decree itself provided that the property should be auctioned if partition by metes and bounds was not possible, thereby giving the decree...
