Civil Procedure Code, 1908, Order 7, Rule 3 -- Description of property - Must be sufficient to identify it - Property can be identifiable by boundaries, or by number in a public record of settlement or survey - Even by plaint map showing the location of the disputed immovable property, it can be described...........
Civil Procedure Code, 1908, Order 7, Rule 3 -- Identification of property - Suit property described in plaint not only by boundaries but also by municipal number and by giving its description in the plaint map - From no stretch of imagination it can be said that suit property was not identifiable - Moreover, Advocate Commissioner's report proves that plaintiff was in..........
Civil Procedure Code, 1908, Section 107, Order 41, Rule 23, 24 -- Remand of case by Appellate Court - No doubt S.107 CPC empowers appellate court to remand a case, but it simultaneously empowers appellate court to take additional evidence or to require such evidence to be taken - O.41.R.24 CPC provides that where evidence on record is sufficient, appellate court may..........
