Civil Procedure Code, 1908, Section 151, Evidence Act, 1872, Section 137 -- Recall of plaintiff for cross examination - Defendant lacking in vigilance in conducting cross-examination of witnesses - However, default of defendant is not of such grave degree as to warrant action of depriving him of opportunity to cross-examine witnesses of other side - If defendant is denied..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Concurrent findings of facts recorded by two Courts below that plaintiffs were not in possession of suit property - Counsel for plaintiffs failed to point out any question of law much less substantial question of law - No interference warranted in said concurrent findings - Second..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - When there are concurrent findings of both the Courts in a well reasoned order, second appeal is not maintainable without any substantial question of law involved in it...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Lack of jurisdiction - Rejection sought on the ground that trial Court lacked jurisdiction, as suit property is evacuee property - Whether suit property is evacuee property or not is a disputed question of fact - Moreover, there is no averment in the plaint that suit property is an evacuee property -..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While considering application U.O.7.R.11 CPC, averments made in plaint are required to be considered only - Defence of defendants cannot be considered while adjudicating an application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within statutory period - Striking off defence - Sufficient opportunities were granted by trial Court to defendant to file its written statement - However, defendant chose not to appear before trial Court - Though defence of defendant rightly struck off by trial Court, but since defendant is a..........
Civil Procedure Code, 1908, Order 7, Rule 11, Punjab Land Revenue Act, 1887, Section 158 -- Rejection of plaint - Dismissal of application - Suit for declaration of title - Jurisdiction of civil Court - Title can only be decided by a Civil Court - Trial Court justified in concluding that jurisdiction of civil Court was not barred - Moreover, plea of limitation would be a..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from alienating suit property - Civil Court has power to issue injunction even when S.52 TPA protects the interest of complaining party by providing hat an alienation lis pendens shall be subject to the result of suit...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree against wife - Setting aside - Wife received the summons of divorce proceedings and also filed reply under her own thumb impressions - She consciously signed agreement for divorce by mutual consent whereafter notices of divorce were served upon wife - Wife cannot now be permitted to change her stance..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Advocate Commissioner - To collect evidence - Not sustainable in law - Appointment of Advocate Commissioner sought after three years of filing of written statement which clearly indicates intention of plaintiff to protract the proceedings - Order appointing Local Commissioner, set aside...........
