Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution - Stay of decree for payment of mesne profits, passed jointly and severally against defendants - Stay order not reasoned - Therefore, it shall be open for plaintiffs to move a fresh application before appellate Court, praying for mesne profits as also for enhancement of mesne profits during course of appeal...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Admission made by witnesses of defendant that defendant owns and is staying in a house close to suit property is sufficient proof that defendant was not in possession of suit property and is not residing in the property - Concurrent findings of Courts below that plaintiff is in..........
Civil Procedure Code, 1908, Section 20 -- Jurisdiction of Court - Cause of action - Recovery suit for money - Contract for hiring the machinery was offered by plaintiff from place `N', its acceptance and fact that cheques were encashed through plaintiff's banker at place `N', would itself amount to part of cause of action arising at place `N' within jurisdiction of trial..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of advocate Commissioner - Plea that description of the boundaries of property and location of property in plaint do not match the situation on the ground - Evidence in relation to the situation on the ground, especially in view of rival submissions can only be resolved by way of an Advocate Commissioner..........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Execution - Money decree against Company - There is no provision in CPC which provides for execution of a money decree against JD Company by effecting arrest and detention of its employee, Director or General Manager...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Election petition - By no stretch of imagination, it can be concluded that petition suffers from inadequacy of pleadings, so as to conclude that a cause of action had not arisen to the election petitioner - Application rightly rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Election petition cannot be dismissed on preliminary issue while deciding an application U.O.7.R.11 CPC on the ground that it lacks in material facts and did not disclose any cause of action...........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Substitution of LRs - Sole defendant was not alive on the date of institution of suit - Plaintiff came to know about the death of sole defendant only when memo was filed - Mistake was bonafide one made in good faith by impleading a deceased defendant in the suit originally instituted - Delay in filing application for..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Recovery suit - Defendant though admitted the documents of plaintiff but raised an objection regarding jurisdiction - Factory of plaintiff was situated in Pali District and supply of goods made through said factory to defendant - No objection taken by defendant regarding the same - Invoices and bills..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Plaintiffs were not able to substantiate the fact that document was not available to them from the time of their filing the suit till the appeal has been filed - Requirements of O.41.R.27 CPC are not satisfied by plaintiff - Application dismissed...........
