Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Suit for possession by way of redemption - Once defendants has made admission in their written statement filed before trial Court and has produced documentary and oral evidence, with view to prove their pleaded case before trial Court, their application U.O.6.R.17 CPC before first appellate..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Documents sought to be produced by way of additional evidence part of public record - However, application of applicant is completely silent as to when applicant has derived knowledge of documents - Moreover, if those documents were part of public record, applicant by exercising due..........
Civil Procedure Code, 1908, Order 41, Rule 5, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Stay of injunction order - Ad interim injunction order was passed against subsequent purchaser/applicant, as defendant/vendor sold the agreed property to him - It is evident that applicant would be parting with right, title and possession of a part of suit property by creating..........
Civil Procedure Code, 1908, Order 21, Rule 89, 92 -- Auction sale - Confirmation of sale - Closure of execution petition - Remedy available to J.D. U.O.21.Rr.89, 92(2) CPC not availed by him before execution Court in time - Defendant thus, has no right or whatsoever to question Court auction sale which was held in the year 2002 itself - Moreover, sale certificate is issued..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to change the name of plaintiff company - Change of name of company would not change or affect the basic nature of suit - Moreover, no amendment in pleadings is being sought by plaintiff as a consequence of amendment in the change of name of company - Case is still at initial stage, as..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of third party - Eviction proceedings - Petitioners sought their impleadment on ground that they are owners of suit property - Disputes of landlord and tenant cannot be converted into title dispute by of impleadment of third party claiming ownership - Application rightly rejected with liberty given to petitioners..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Additional evidence which plaintiff intends to produce on record is not required by this Court for purpose of adjudication of case - Incidentally, it is not the case of plaintiff that either of Courts below refused to admit evidence which is now intended to be produced by way of..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Application U.O.26.R.9 CPC, is not to be allowed at whims of parties - Satisfaction has to be that of Court and though said satisfaction of Court can also not be arbitrary, but then there has to be cogent material on record placed by applicant to satisfy Court that appointment of Local Commissioner is necessary for..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - At appellate stage - Appellate Court does not deem it fit to appoint Local Commissioner for demarcation of suit land, as no such application filed either before trial Court or before appellate Court - Even no explanation given for the same - Moreover, misleading substantial questions of law..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Application to set aside ex parte order is not maintainable after closure of evidence and when suit is posted for judgment...........
