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..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Must be permitted to be adduced where such evidence required by Court to enable it to pronounce judgment in a just and proper manner - Appellate Court empowered to admit additional evidence for removing lacuna in evidence...........
Civil Procedure Code, 1908, Order 41, Rule 4 -- Suit against three defendants for possession of land - Decreed regarding part of land against two defendants - Suit dismissed against third defendant - Appeal filed by two defendants against whom suit decreed - Only plaintiff impleaded as respondent - Third defendant not shown in array of parties as a respondent - Appeal not..........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross-objections by respondent-plaintiff against co-defendant in suit not impleaded as a respondent in appeal and against whom suit dismissed - Not competent - Respondent-plaintiff can file Cross-Objections only against appellants - Relief if wanted against defendant qua whom suit dismissed - Appeal has to be filed...........
Civil Procedure Code, 1908, Order 41, Rule 20, Civil Procedure Code, 1908, Order 22, Rule 4 - - Not a case of abatement under Order 22 Rule 4 - Covered by Order 41 Rule 20 - Proper course - To make application under Order 41 Rule 20 and claim condonation of delay...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence in appeal - Mere allegation that earlier not equipped with evidence and now can produce same to establish defence - Not by itself sufficient to enable Appellate Court to apply its mind and satisfy whether requirements of Rule 27 Order 41 satisfied - Necessary to disclose in application nature of evidence..........
Civil Procedure Code, 1908, Order 41, Rule 11 - - Not illegal - Sending for record - Not a must...........
Civil Procedure Code, 1908, Order 41, Rule 11 - - Dismissal of appeal in limine - Incumbent to draw up decree-sheet in accordance with judgment in appeal - Specific provision in this behalf in Rules and Orders of High Court, Volume I, Chapter 14 B, Rule 9...........
