Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 8, Rule 10 -- Ex parte decree - Setting aside - Non filing of written statement within time - Death of defendant and L.R's impleaded - Refusal of prayer of substituted defendants to give them opportunity to cross examine plaintiff's witnesses on the date fixed for ex parte hearing of suit - No..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Concurrent findings of two Courts - When documentary evidence has not been properly considered by Courts below, findings of Court below can very well be interfered in second appeal...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Very location of plot in dispute - It is only the Revenue Authority who can ascertain the correct location of construction - Trial Court directed to appointed concerned Patwari as Commissioner to ascertain the exact location of offending construction...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Parties in both the suits are same - Both the suits have been filed seeking partition - Relief of declaration as sought in subsequent suit as to their right in ancestral property in question by plaintiffs is implicit in earlier suit - Subsequent suit held, stayed...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - High Court in second appeal cannot re-appreciate evidence or facts unless case involves a substantial question of law...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration of title and permanent injunction - Concurrent findings recorded to the effect that plaintiffs are absolute owners and possessors of suit scheduled property and they are in possession of same - There is no perversity in judgments of both the Courts below - No interference warranted in said..........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Issues as to maintainability of suit - High Court directed to decide same as preliminary questions of law - Cannot be said to be incorrect - Moreover no prejudice would be caused if issues are taken up and decided by trial Court as preliminary questions of law - No interference warranted in the impugned..........
Civil Procedure Code, 1908, Section 11, Order 14, Rule 2 -- Preliminary issue - Issue of res judicata is very important in civil litigation - Object of S.11 CPC can be fulfilled by treating issue of res judicata as preliminary issue - Trial Court to frame issue of res judicata as preliminary issue and to decide the same after providing opportunity to both the sides for..........
Civil Procedure Code, 1908, Section 16 -- Pecuniary jurisdiction - Defendant contended that trial Court did not have pecuniary jurisdiction - Contention rejected, as value of property is only 5 lakhs and therefore pegging its worth at Rs.80 lakhs was completely erroneous - Trial Court thus, has pecuniary jurisdiction to entertain suit...........
Indian Penal Code, 1860, Section 376, 354, 506, 419, 467, 471, 474, 34, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 419, 467, 471, 474, 376, 354, 506, 34 IPC - Compromise - Quashing of FIR - Petitioner Akhtar falsely represented himself as Shiva promised marriage and had physical relationship - Marriage certificate found to be fake and petitioner could not..........
