Civil Procedure Code, 1908, Order 1, Rule 10 -- Deletion of defendant no.2 as party - Dismissal of application - Violation of copyright - Specific allegations has been made that defendant no.2 alongwith parent company provides channels with one click service charges - Whether or not defendant no.2 actually provides any such services or is any part of such services by which..........
Civil Procedure Code, 1908, Order 41, Rule 24 -- Remand - Powers of appellate Court - Evidence of both the parties available on record - Only a legal issue pertaining to question whether suit is barred by limitation, remains undecided - Appellate Court directed to decide the issue of limitation itself being First Appellate Court, as evidence is already led - Order of..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Dismissal of application - Eviction petition - If condition of demised premises is not as landlord claims it to be, tenant could easily lead photographic evidence to prove the same and if at that stage Rent Controller comes to..........
Civil Procedure Code, 1908, Order 6, Rule 1 -- Pleadings - Evidence on a point not specifically pleaded cannot be permitted to be adduced and if adduced must necessarily ignored...........
Civil Procedure Code, 1908, Section 151, East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Additional evidence - Dismissal of application - Eviction petition - Petitioner/landlady wishes to produce jamabandies to prove her title over demised premises and site plan to prove identity of said premises - There is nothing on record to indicate that petitioner has..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Power of Court u/s 151 CPC - Court is well within its rights to exercise its inherent power u/s 151 CPC to permit production of such evidence, if it relevant and necessary in interest of justice subject to such terms as may be found fit to be imposed - Moreover, deletion of provision U.O.18.17A CPC does not..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Status quo order - Plaintiff has raised arguable question in suit, which needs to be determined on the basis of totality of evidence to be led on record by respective parties - He has been able to show prima facie case in his favour and balance of convenience also lies in his favour - Factum of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Eviction petition - Amendment of written statement - Tenant sought amendment to incorporate the facts that during pendency of eviction petition landlord acquired vacant possession of a premises and thus bona fide necessity as pleaded does not survive - However, amendment sought at belated stage, as evidence of parties stand..........
Civil Procedure Code, 1908, Section 115, Order 18, Rule 17A -- Revision petition - Dismissal of application for leading secondary evidence by Trial Court and Appellate Court - Upon perusal of Will it is found that second page was missing but Will was almost complete as the first page does bear thumb impressions of testator as well as attesting witnesses - Therefore, matter..........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - Restraining Electricity Board from interfering in possession of plaintiffs - Plaintiffs failed to produce any evidence of their possession over vacant land - No undue hardship or prejudice would be caused to plaintiffs in the event Electricity Board is permitted to proceed with energisation of..........
