Civil Procedure Code

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 be dismissed, even on considering such application as one under proviso to Or. 23 R. 3 r/w S. 151, when it did not meet the […]

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 had not contested transfer petition. Respondent husband was held entitled to seek modification/recall of transfer order within a period of three months if it is

In this case, second appeal was filed against dismissal of first appeal for default on ground of delay, without any decision on merits in such first appeal. Only permissible course before High Court, held, was to consider validity of such first appellate order. High Court in second appeal, held, erred in treating the matter as

First appellate court is mandatorily required to comply with requirements of Or. 41 R. 31 and non-observance of these requirements lead to infirmity in judgment. Appellate court’s jurisdiction involves a rehearing of appeal on questions of law as well as fact. First appeal is a valuable right, and, at that stage, all questions of fact

R-3 sold ground floor of his two-storeyed building to appellant inter alia with common right to roof. R-3 decided to construct on the roof. Dispute pertaining to right of R-3 to make construction on roof of the first floor in which he resides, requires to be decided by civil court and not Municipality. Debabrata Saha

Relief can only be on the basis of the pleadings alone. Evidence is also to be based on such pleadings. The only exception would be when the parties know each other’s case very well and such a pleading is implicit in an issue. Additionally, a court can take judicial note of a fact when it

In this case petitioner wife was resident of Bengaluru and respondent husband, resident of Chennai. Petitioner wife filed two cases before the Family Court at Bengaluru i.e.: (1) petition under Guardians and Wards Act, 1890 for permanent custody of child, and (2) for restitution of conjugal rights. Respondent husband filed petition for divorce before Family

The High Court passed an order against the consent decree on the ground that it was obtained by fraud, calling for a report from the Principal City Civil judge and directing him to hold an inquiry as to whether the consent decree was obtained by fraud. Furthermore, there was an order of executing court on

Settlement of disputes only through any of the mode prescribed under Section 89 CPC is not sine qua non of sec 89 CPC rather it prescribes few methods through which settlement can be reached; sine qua non for the applicability of section 89 is settlement between the parties outside the court without the intervention of

The borrower paid first 25 installments out of 40 and thereafter failed to pay the remaining installments. The lender filed a petition under section 64(1-A) of the Chit Funds Act, 1982 and got an ex parte award directing the guarantor to pay. The guarantor claimed that he was unaware of the ex parte award. On