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Absence of averment
Acquisition of land by Improvement Trust
Ad-interim injunction
Additional evidence
Additional evidence at appellate stage
Additional issue
Adjourning of ad-interim prayer awaiting written statement
Admission by parties
Advalorem court fee
Agreement to sell
Amendment in judgment by Executing Court
Amendment in plaint
Amendment in the prayer of plaint
Amendment in written statement
Appeal against Consent decree
Appeal and stay application pending
Appeal by Indigent Persons
Appointment of Local Commissioner
Arbitration and Conciliation Act, 1996 (26 of 1996)
Arrest of Judgment Debtor/ JD
Assessment of electricity charges
Attachment before judgment
Attachment of salary
Auction sale
Auction sale in execution of consent decree
Award of Lok Adalat in complaint u/s 138 NI Act
Beat of drum
Bonafide need/ personal necessity
Bonafide purchaser of auction sale
Civil suit
Code of Civil Procedure, 1908 (V of 1908)
Code of Criminal Procedure, 1973 (2 of 1974)
Compensation assessed by Reference Court not paid
Compensation in motor vehicle accident case
Compromise between parties
Compromise beyond suit property
Conditional warrant of arrest
Condonation of delay
Consent decree
Consent to jurisdiction to Wakf Tribunal
Consideration of pleading other than plaint
Consolidate takh
Constitution of India
Correction in pleadings after judgment
Court fees
Court Fees Act, 1870 (7 of 1870)
Death of sole defendant
Declaration of Tenancy
Defence struck off
Discretion of court
Disputing Landlord’ ownership
Doctrine of lis pendens
East Punjab Urban Rent Restriction Act, 1949 (III of 1949)
Eviction of lessee
Execution of award/ decree of Lok Adalat in complaint u/s 138 NI Act
Exhibiting of documents
Guardians and Wards Act, 1890 (8 of 1890)
Handwriting expert report
Haryana Urban (Control of Rent and Eviction) Act, 1973 (11 of 1973)
Hindu Marriage Act, 1955 (25 of 1955)
Hindu Minority and Guardianship Act, 1956 (32 of 1956)
Injunction simplicitor
Interim relief
Judgment on admission
Jurisdiction of civil Court
Land Acquisition Act, 1894 (1 of 1894)
Lessee rights
Mesne profit
Negotiable Instruments Act, 1881 (26 of 1881)
Non-objection to exhibiting of documents
Object and the purport of Order 12 Rule 6 of CPC
Proclamation for sale
Punjab Rent Act, 1995 (13 of 2012)
Quashing of FIR
Rejection of plaint
Res-judicata
Securing the amount by interim relief
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, (54 of 2002)
Special Marriage Act, 1954 (43 of 1954)
Specific Relief Act, 1963 (47 of 1963)
Statement of admission
Subsequent purchaser as party-defendant
Suit for custody of child
Suit for specific performance
Transfer of Divorce petition
Transfer of Property Act, 1882 (4 of 1882)
Withdrawal of admission
Withdrawal of statement

CPC Digest

Special Marriage Act, 1954 (43 of 1954)

Section 28, 38 -- Code of Civil Procedure, 1908 (V of 1908), Order 7 Rule 11 – Hindu Minority and Guardianship Act, 1956 (32 of 1956), Section 6 -- Guardians and Wards Act, 1890 (8 of 1890), Section 25 -- Suit for custody of child -- Rejection of plaint – Consideration of pleading other than plaint – Permissibility of – Previously divorce by mutual consent between the parties – Voluntarily statement of father for giving the custody of the child to the mother -- Though it is well settled principle of law that for the purpose of deciding an application under Order VII Rule 11 CPC, the contents of the plaint/petition is to be seen, however it is a case of not deciding the rights of the parents but the custody of minor child, therefore welfare of the child should be the paramount consideration -- Circumstances from the date of birth of the child till date needs to be appreciated -- Respondent-husband has remedy to approach the said Court, which has passed the decree of divorce if any terms and condition were violated -- Petition u/s 25 of the Guardian and Wards Act held not maintainable and rejected, leaving the respondent-husband to avail alternative remedy, in accordance with law -- Application under Order VII Rule 11 C.P.C. allowed.

(P&H HC) Reserved on : 01.09.2022 Pronounced on : 06.09.2022


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