Civil Procedure Code, 1908, Order 41, Rule 23, Civil Procedure Code, 1908, Order 20, Rule 5 -- Remand - Remand of suit for fresh trial because of the fact that issues were not separately dealt with - Appellate Court cannot shirk its duties to dispose of appeal on merit - Order of remand should be passed in exceptional cases where it is not possible for Appellate Court to..........
Civil Procedure Code, 1908, Section 11, Order 9, Rule 9 -- Suit barred U.O.9.R.9 and S.11 CPC - Any finding in a suit which is not maintainable has no bearing in law...........
Civil Procedure Code, 1908, Section 11, Order 9, Rule 9 -- Res judicata and bar of O.9.R.9 CPC - Earlier suit dismissed in default - Prayer in both the suits are one and same - Plaintiff does not even whisper a word about his earlier suit in second suit - Though parties in both the suit are at slight variation, but defendants name that he had purchased property from..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Remand - Non-framing of issue with regard to S.53-A of T.P. Act - Courts below have not considered issue with regard to defence of defendant u/s 53-A of T.P Act, which is a mixed question of fact and law - Judgments of both the Courts below set aside - Matter remitted back to trial Court for fresh disposal in accordance..........
Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Late production of documents - No reference about proposed documents either in pleadings or in evidence - Ground on which petitioner are prevented from filing those documents at earliest point of time not explained - Production of documents at a later stage that too when case reached the stage of arguments cannot be..........
Civil Procedure Code, 1908, Order 6, Rule 18 -- Amended plaint - Failure to file - Plaintiff not allowed to file amended plaint as plaintiff did not pay cost imposed while allowing amendment of plaint - Cost imposed was waived off by Apex Court - Dismissal of application filed by defendant U.O.6.R.18 CPC calls for no interference...........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 3A -- Examination of plaintiff as a witness after examination of some witnesses on his behalf - Application vague and cryptic - No plausible reason mentioned as to why plaintiff could not appear earlier and why application not filed at an earlier stage - Averments in application that plaintiff could not appear as a..........
Criminal Procedure Code, 1973, Section 145(1), 146(1) -- Orders u/ss 145(1), 146(1) Cr.P.C - Dispute is only regarding office of management of society - Such dispute can never be held as a dispute regarding ownership and possession of immovable property - Assistant Registrar has authority to decide the dispute regarding management of office society - However, Magistrate..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections u/s 47 CPC are entertainable on the ground that decree is void ab initio or decree is passed in ignorance of a provision of law or law has been promulgated making a decree inexecutable subsequently...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objection as to executability of decree - Merely during pendency of litigation, the ground on which decree was passed has extinguished, cannot be accepted as a ground for objecting execution of decree since right of parties as stood on date of filing of plaint is relevant factor...........