Civil Procedure Code, 1908, Section 100 -- Second appeal - Only because there is another view possible on appreciation of evidence that is not sufficient for interference u/s 100 CPC...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - High Court while exercising jurisdiction u/s 100 CPC cannot substitute its own view with the finding of Courts below, even if on re-appreciation of evidence, another view is possible...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Boundary dispute - It is always desirable to get the fields measured by an expert and find out exact area encroached upon - Appointment of Local Commissioner is necessary - Oral evidence cannot conclusively prove such an issue - Impugned order rejecting application for appointment of Local Commissioner..........
Civil Procedure Code, 1908, Section 151, Order 13, Rule 4 -- Production of document - Court cannot refuse production of documents on record - Production of documents on record and allowing them to be exhibited are distinct from each other - Court may not give evidentiary value to those documents or allow them to be exhibited - Court to allow production of documents and..........
Civil Procedure Code, 1908, Section 100, Transfer of Property Act, 1882, Section 43 -- Second appeal - Doctrine of `feeding the grant by estoppel' - Benefit of right and title u/s 43 of T.P.Act cannot be claimed for the first time in second appeal without there being any foundation in pleadings and without any evidence being mixed question of facts and law and not being..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Restraining defendants from interfering with the possession and using tubewell in land till the same is partitioned - No evidence on record that plaintiffs are in exclusive possession of entire property - Although tubewell is in the name of mother of plaintiffs but it was admitted that..........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Ex parte order - Setting aside - Mere fact that defendant absented himself on the date of hearing and suit proceeded ex parte does not by itself entitle plaintiff to get a decree in his favour - Court has to see whether by any evidence available on record plaintiff has been able to prove his case or not - Even in ex parte..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Both parties claiming to be owner in possession of suit property - Ownership and possession a disputed question of fact - Question of fact can only be decided after parties lead their evidence - Order of status quo, upheld...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Maintainability of suit - Suit not barred on the simple reading of plaint averments - If for deciding maintainability of suit, written statement or evidence is to be considered, then it is appropriate to frame an issue regarding suit being so barred and permit parties to adduce evidence on the issue instead of rejecting the..........
Civil Procedure Code, 1908, Order 39, Rule 7 - - Inspection report U.O.39.R.7 CPC can be used as evidence by Court...........
