Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for perpetual injunction - Concurrent findings of two Courts below on the aspect of possession of plaintiff to suit property - No perversity in such concurrent findings of fact - In a second appeal, it is not possible to re-evaluate or reassess evidence, as if it were a first appeal - This is certainly not a..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 11 -- Striking off defence - Violation of ad interim injunction order - Defendant had specific knowledge of interim order of injunction as passed by trial Court, inspite of which sale deeds came to be executed by him - Action of defendant amounting to willful and intentional defiance of order - Defendant even..........
Civil Procedure Code, 1908, Order 39, Rule 2A, 11 -- Violation of ad interim injunction order - Double jeopardy - Defendant contended that since action U.O.39.R.2-A CPC is already taken against him, taking further action U.O.39.R.11 CPC would amount to double jeopardy - Principle of double jeopardy would be applicable in service or criminal jurisprudence and would not be..........
Civil Procedure Code, 1908, Section 151 -- Power u/s 151 CPC - Cannot be exercised beyond pleadings of parties...........
Civil Procedure Code, 1908, Section 151 -- Power u/s 151 CPC - Cannot be invoked by Court to pass an order or direction for which there is separate provision under CPC...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration - When plaintiff failed to establish lawful possession and declaration, it is not open for plaintiff to raise objection that defendants should have filed a separate civil suit or defendants should have filed a counter claim seeking dispossession of plaintiff from the plot in question at the..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration - Plaintiff failed to get himself declared lease holder of suit property which after cancellation allotted to defendant no.5 and plaintiff was also found out of possession - Concurrent findings recorded by both the Courts below are findings of fact which warrant no interference in second appeal..........
Civil Procedure Code, 1908, Section 25 -- Transfer of a case - Petitioner a senior citizen suffering from host of health issues - In these days of virtual hearings, location of parties is hardly a matter of concern - Even according to petitioner, attester can be examined through video conference or Court appointed commissioner would show that place where proceedings are..........
Civil Procedure Code, 1908, Section 25 -- Transfer of testamentary case - Testamentary case is pending in High Court of Uttarakhand and its transfer sought to District Court Delhi - Since Will set up by petitioner covers properties located both in Nainital and Delhi, both these Courts have concurrent jurisdiction - But in view of S.273 Proviso (b) of Succession Act,..........
Civil Procedure Code, 1908, Order 21, Rule 92, 94 -- Auction sale - Once sale is confirmed and sale certificate is issued in favour of purchaser, the same becomes final...........
