Civil Procedure Code, 1908, Section 100 -- Second appeal - Concurrent findings of fact even if insufficient or inadequate, cannot be interfered with in second appeal...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Non-framing of substantial question of law - Suit for declaration of title and permanent injunction - High Court examined issue of ownership of plaintiff without framing any substantial question of law regarding same - It was necessary for High Court to have proceeded to examine issue relating to plaintiff's title..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary Injunction - Restraining defendants from raising construction over suit land - Both parties claiming title and it is a triable issue and there is prima facie case - Possession is of defendant as they are making construction over suit land - Balance of convenience lies in favour of defendant - As defendants are in..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary Injunction - Possession of suit land is main consideration while considering petition U.O.39.Rr.1, 2 CPC...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Prima facie - Means case is triable...........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Documents relied on in plaint - Where the discretion of trial Court, as one U.O.7.R.14(3) CPC or otherwise is founded on good reasons and is not palpably capricious, there is no warrant to interfere therewith in exercise of supervisory jurisdiction U.Art.227 of Constitution of India...........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Production of document - After evidence of plaintiff's witnesses - Suit for specific performance - Document in issue was in knowledge of plaintiff at time of his cross-examination - Further he was advised to bring the same on record - Application if allowed, would delay the adjudication of suit - Application rightly,..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Rights of a decree holder - Executing Court - Rights of a decree holder are to be protected and he should be allowed to enjoy the fruits of the decree at the same time - Court cannot loose sight of the fact that if a person has a genuine claim it cannot be thrown out at threshold itself after summary enquiry...........
Civil Procedure Code, 1908, Order 21, Rule 102 -- Transferee pendente lite - Applicability of O.21.R.102 CPC - If claim petitioner is not a pendente lite purchaser pure and simple and O.21.R.102 CPC does not apply, executing Court should give an opportunity to both parties to adduce oral and documentary evidence...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Objections by vendee lis pendens - O.21.Rr.97 to 101 CPC is not applicable in case of vendee lis pendens, who purchased the property during pendency of suit...........