Civil Procedure Code, 1908, Order 44, Rule 1 -- Appeal by indigent person - Lower appellate Court while dismissing application for seeking permission to file appeal as pauper, neither report of Collector taken into consideration nor provision of O.33.R.1 CPC considered - Petitioner is very poor having no house to live in and residing in rented accommodation as per report..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Land acquisition proceedings - Neither Trial Court refused to receive the evidence nor it can be said that evidence sought to be adduced was not available despite the exercise of due diligence - Evidence not necessary to pronounce the judgment - Additional evidence cannot be permitted to fill the lacuna..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Document sought to be produced by way of additional evidence not in knowledge of plaintiffs and came to their notice subsequently - Application filed by plaintiffs cannot be said to be filed with malafide intention - However, no reason mentioned by trial Court as to how document in question not relevant for..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Non-framing of substantial question of law - Partition suit - Held, having regard to nature of controversy and issues involved regarding ownership based on interpretation of documents, questions did constitute substantial questions of law - High Court unfortunately did not examine any document for deciding..........
Civil Procedure Code, 1908, Order 21, Rule 90, 64 -- Auction sale - Setting aside - Property worth Rs.1 crore sold in auction sale at partly sum of Rs.5,50,000 - Sufficient ground to set aside sale...........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand of case for recording additional evidence - Application for additional evidence dismissed by High Court as not pressed - Such order was passed after arguments were heard on behalf of parties and it attained finality - Proceedings which were closed by said order cannot be collaterally opened subsequently on the ground..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Defence struck off on the ground that written statement not filed inspite of availing various opportunities though period of 90 days has not expired - Court has discretion to allow defendant to file written statement even after expiry of period of 90 days, in case exceptional grounds are there - Impugned..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Suit and counter claim dismissed on same day in the absence of both the parties - Defendant filed restoration of counter claim, which was allowed without notice to plaintiff and plaintiff declared ex parte - Application for restoration cannot be decide at the back of plaintiff - No party can..........
Civil Procedure Code, 1908, Section 35, 35A, 151, Order 7, Rule 11 -- Rejection of plaint - Dismissal of application by imposing actual costs - No provision for award of actual costs as at present - Costs can be imposed in accordance with relevant provisions of CPC and High Court Rules - Unless rules of High Court are amended to provide for actual costs, the same cannot be..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend - Rejected on the ground of no, submission of application for condonation of delay - Due to lack of suitable advice to be given to party by his advocate, delay condonation application not filed - Party therefore, should not be made to suffer for something which was not done though ought to..........
