Civil Procedure Code, 1908, Section 100, Order 42, Rule 2 -- Second appeal - Non-formulation of substantial question of law - High Court not framed any substantial question of law, at the time of admitting appeal, and left the same open at the time of hearing of appeal - Defendants neither challenged the said order nor insisting High Court to formulate substantial question..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff able to show his prima facie case by depicting that he is owner in possession of suit land (his name being recorded in khasra and Khatauni in revenue records) - Relief of temporary injunction rightly granted in favour of plaintiff...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 38, 41 -- Injunction and temporary injunction - Parameters for deciding temporary injunction application and suit for permanent prohibitory injunction are entirely different - One is governed by O.39.Rr.1,2 CPC and the other is decided on the basis of provisions contained in Specific Relief..........
Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - Cause of action - Recovery suit - Sufficient averments in plaint as to why plaintiff was constrained to approach Court for purpose of recovery of amount - Plaint discloses date of accrual of cause of action - Therefore, plaint contains facts containing cause of action and date when it arose -..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleading and proof - Joint Family property - Partition - Once partition in joint family is admitted, there is complete partition - Party who alleges the fact that a particular property was left out from partition has to plead and prove that said property was deliberately left out from partition to be retained as Joint..........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand - Power of remand is not meant to provide a fresh opportunity to a litigant - Merely because of the fact that conclusions by Court below are not legally sustainable or issues have been wrongly decided, prayer for remitting the matter back for fresh consideration cannot be granted...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso is mandatory - Amendment `shall' not be allowed after trial had commenced unless condition as set out in the proviso is fulfilled...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - After commencement of trial - Amendment sought to bring on record certain documents - However, no date was mentioned in application as to when said documents have come into knowledge of defendants - Defendants failed to demonstrate that despite due diligence, they could not bring these..........
Civil Procedure Code, 1908, Section 34 -- Interest pendente lite - Hand loan - Grant of interest pendente lite is within discretion of Court and its grant is not limited only to commercial transactions - Award of interest at the rate of six per cent per annum from the date of suit till its realisation - No interference warranted...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Necessary party - A person claiming adverse to the claim of vendor, is not a necessary party...........
