Civil Procedure Code, 1908, Order 41, Rule 33 -- Enables Appellate Court to mould relief in the interest of justice - Permissible to do so only when there is a properly constituted appeal - Provision generally applied when relief to be granted to one respondent against the no, appealing respondent - If no properly constituted appeal - No question of attracting provision of..........
Specific Relief Act, 1963, Section 6, 41, Civil Procedure Code, 1908, Section 151, Order 39, Rule 1(c) - - Temporary injunction preventing dispossession of plaintiff- Word "threatens" in clause (c) implies a wrongful act on part of defendant and taking the law into his own hands-Defendant when seeks to recover possession through judicial process by way of execution of a..........
Civil Procedure Code, 1908, Section 11, Order 41, Rule 23 -- Remand order - as per remand, inquiry held keeping in view the directions & decree passed - Appeal against - while remanding the case contrary view expressed on a question of law - the same not challenged and becoming final - such decision cannot be re-agitated in appeal from decree...........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Does not authorise Appellate Court to reverse decree as a matter of course whenever it thinks that on some issue re-trial is considered to be necessary - Before decree as such is reversed in appeal - Findings given by trial Court on the issues are to be considered and are to be set aside - Without doing so, no power with..........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Amendment of written statement allowed in appeal and case remanded for fresh trial - trial court framed an additional issue in view of the amendment - fresh trial to be only qua the additional issue and not all issues...........
Civil Procedure Code, 1908, Section 107, Order 41, Rule 23, 23A -- Question whether on remind Trial Court required to receive evidence and Ree-decide all the issues when Appellate Court had not set aside the findings on those issues - Appellate Court after allowing amendment application remanded case by setting aside judgment and decree of Trial Court - Amendment of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 41(b) -- Ad interim injunction - Provision of Section 4l(b) Specific Relief Act equally applies to grant of temporary injunction...........
Civil Procedure Code, 1908, Section 151, Specific Relief Act, 1963, Section 41(b) -- Ad interim injunction - Cannot be granted in violation of provisions of Section 4l(b) Specific Relief Act...........
Punjab Pre-emption Act, 1913, Section 15, 4, Specific Relief Act, 1963, Section 41(b), Civil Procedure Code, 1908, Section 151 -- Pre-emption suit on ground of co-sharer- Vendee filed application before Assistant Collector for partition of Khewat and separation of share of land purchased - Ad interim injunction restraining vendee from pursuing partition proceedings -..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence in second appeal - Dccuments certified copies of official record and no doubt whatsoever about their genuineness.- Not allowing to produce additional evidence would be defeating ends of justice - Production of additional evidence for a substantial cause and to enable to pronounce judgment for dispensing..........
