Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Defendant may file counter clam as against claim of plaintiff before defendant delivers his defence or before time limited for delivering his defence has expired...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Counter claim sought to be filed nearly ten months after filing of written statement and more particularly after issues were framed - Leave to file counter claim cannot be sought after framing of issues - Defendant, not entitled for grant of leave for filing counter claim...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining defendants from plying thrashing machine in front of their house along with diesel engine - Thrashing machine causing huge noise and air pollution and on account of emission of chaff from thrashing machine, house of plaintiff filled with dust particles, as a result family members of..........
Criminal Procedure Code, 1973, Section 195, 340 -- False evidence - Merely because accused in plaint and in their affidavit filed in lieu of examination-in-chief in civil suit have stated lease period of 11 months instead of 10 years, does not amount to giving false evidence, as they had no intention to take any favourable orders of Court based on said statement -..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Stay of eviction petition on the ground of pendency of civil suit - For stay of subsequent suit, litigation have to arise out of civil suit - In the instant case proceedings in civil suit and eviction petition are neither directly nor substantially the same as in civil suit title of property is to be..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Commission cannot be issued for the purpose of collection of evidence or creating evidence...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Report of amin was confirmed subject to evidence of parties during trial - Application for issuance of fresh commission rightly rejected...........
Civil Procedure Code, 1908, Order 22, Rule 3, 4 -- Decree against a dead person without impleading his LRs - Decree is a nullity and cannot be executed...........
Civil Procedure Code, 1908, Section 50 -- Execution - JD died subsequent to passing of decree and surety is on record and there is liability on the part of surety to pay the amount, it cannot be said that decree is a nullity and cannot be executed...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Non-formulation of substantial question of law renders proceedings patently illegal...........