Civil Procedure Code, 1908, Section 103 -- Second appeal - Findings of fact - High Court empowered to exercise limited factual review u/s 103 CPC...........
Civil Procedure Code, 1908, Section 100, 103 -- Second appeal - Findings of fact - High Court can interfere in findings of lower Court or concurrent findings of fact in two cases: (i) if findings of fact are palpably perverse or outrage conscience of Court; and (ii) where findings of fact may call for examination and be upset, in limited circumstances spelt out in S.103..........
Civil Procedure Code, 1908, Section 100, 103 -- Second appeal - Findings of first appellate Court - High Court reversed the findings of first appellate Court after recording sound and convincing reasons - Appreciation of evidence by first appellate Court was on basis of it having overlooked material facts, such as appreciation of documentary and oral evidence led before..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file a fresh suit - There is no necessity to seek withdrawal of suit when a formal defect can be rectified by way of amendment...........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 1, 3 -- Withdrawal of suit - Partition suit - Plaintiff wanted to withdraw the suit on the ground that some more parties and some more properties are to be added - However, plaintiff has liberty to file a petition U.O.1.R.10 CPC seeking amendment of plaint - Instead of availing such remedy, plaintiff seeks to totally..........
Civil Procedure Code, 1908, Section 92 -- Suit u/s 92 CPC - Before issuing notice there ought to be an application of mind by Court, as to prima facie ensure that suit is in conformity with mandate of S.92 CPC...........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for declaring sale deeds as null and void - Suit filed on 22.11.2019 averring that plaintiff came to know for the first time about sale deed on 30.10.2019 - No averment in the plaint and no document on record, which shows that plaintiff had knowledge about sale..........
Civil Procedure Code, 1908, Order 41, Rule 23, Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Matters finally disposed of by order of remand cannot, any of them, be re-opened when case comes back before High Court in second round from first appellate Court - But if at the time of remand, no final decision is given on a point, though some observations only are..........
Civil Procedure Code, 1908, Order 41, Rule 23, Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - When an appellate Court remands the case for further inquiry, lower Court has to act within the limits of remand order - It cannot reopen the finding of appellate Court, if does so, it exceeds the limits of its jurisdiction...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 98, 99, 101 -- Execution - Objections - Where Executing Court on objections being taken by objector finds that objections need to be decided, it has to frame issues and decide objections as if a separate suit...........