Civil Procedure Code, 1908, Order 41, Rule 1(3), 5(5) -- Failure to make deposit or to furnish security - Court not to grant stay of execution of money decree...........
Civil Procedure Code, 1908, Order 41, Rule 1(3) -- Undertaking to deposit decretal amount - Non compliance - Appeal cannot be dismissed...........
Easement Act, 1882, Section 15, Civil Procedure Code, 1908, Order 41, Rule 2 -- Second appeal - New plea - Plea as to right of passage acquired by easement of prescription - Plea not raised in written statement filed in a suit for injunction to restrain party from using passage - Plea requiring finding whether passage is used continuously for over twenty years - Plea..........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross objection - Suit for injunction - Dismissed as plaintiff was a trespasser - Court incidentally deciding about extent of trespass - Held, as decree is not based on finding about extent of trespass as such cross objection relating to extent of trespass is not maintainable...........
Civil Procedure Code, 1908, Section 9, Specific Relief Act, 1963, Section 41(h) -- Interim injunction - Jurisdiction of civil Court - Civil Court is precluded from granting relief of injunction where suitor can obtain such relief when suitor has alternative efficacious remedy available to him for redressal of his grievance voiced in proceedings before it...........
Civil Procedure Code, 1908, Order 41, Rule 3-A -- Time barred appeal - When presented without being accompanied by an application for condonation of delay - Appellant should be given a reasonable opportunity to remedy the defect instead of dismissing appeal in limine...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Suit dismissed as not filed by a duly authorised and competent person - During appeal applicant seeking permission to lead additional evidence to prove power of attorney - Prayer allowed...........
Civil Procedure Code, 1908, Order 18, Rule 17, Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence -Whenever allowed the other party has a right to claim opportunity for its rebuttal...........
Civil Procedure Code, 1908, Order 41, Rule 5(3)(c), Limitation Act, 1963, Section 5 -- Condonation of delay - Allowed subject to deposit of entire decretal amount - Held, order is not legally sustainable as for condoning the delay in filing the appeal the only aspect to be considered would be as to whether there is sufficient cause or not for not preferring the appeal..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Provision is mandatory in nature...........
