Civil Procedure Code, 1908, Order 4A -- (as in U.P) - Consolidation of suits - Interconnecting interests in relation to three subject matter of suits in question - For an effective and expeditious disposal of suit and in order to avoid a contradiction in finding to be recorded by Court below, with regard to interest of parties to suit, same deserves to be consolidated and..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Re-issue of warrant to Commissioner - Measurement of property on basis of sale deeds of parties - Suit for declaration and recovery of possession - It is for plaintiff to prove his title in order to succeed in suit - If defendant had purchased a portion of property prior to plaintiff's purchase, he would be automatically..........
Civil Procedure Code, 1908, Section 151 -- Witness not present for cross examination - Court passed an order to eschew the chief evidence affidavit - Witness is an old man, aged about 69 years who was suffering from fever and jaundice - Medical certificate were produced in support of said fact - However, trial Court has not referred to any medical certificate produced by..........
Civil Procedure Code, 1908, Section 24 -- Transfer of suit - Allegation of favoritism by Presiding Officer, as he is giving shorts dates in the matter - However, it is the plaintiff who already obtained an interim injunction order intends to linger on matter - Moreover, being a civil matter, there is no merit in the contention of plaintiff that he is being compelled to..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 22, Rule 10 -- Amendment of plaint - Suit for specific performance - Sale during pendency of suit - Amendment of plaint sought to assail such sale and its cancellation - Subsequent vendee was impleaded as a party with specific stipulation that it was being impleaded as assignee of defendant and..........
Civil Procedure Code, 1908, Section 9, Himachal Pradesh Holdings (Consolidation and Prevention of Fragmentation) Act, 1971, Section 57 -- Suit for declaration and injunction - Suit for declaration that mutation be declared null and void - Ouster of jurisdiction of Civil Court as per S.57 of Act of 1971 is qua those matters which arise out of Consolidation proceedings -..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Suit for declaration of title and permanent injunction - Concurrent findings recorded by both the Courts below that plaintiffs failed to prove partition and possession over suit property, which is a finding of fact based on evidence available on record - Said findings neither perverse..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Status quo order - Order of status quo cannot be passed when no prima facie case is made out by plaintiff - However, any action/step taken by defendant in respect of suit property will be subject to the outcome of suit pending before trial Court...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Order of status quo - Police aid - Till Court takes a decision with regard to maintainability of suit or with regard to sustainability of order of status quo, parties shall abide by interim order of status quo and SHO shall ensure that none of the parties violates the order of status quo...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Order of status quo - Police aid - While deciding such application, Court touching upon merits of suit - Trial Court exceeded its jurisdiction, rather exercised jurisdiction not vested in it by touching upon merits of suit while deciding application seeking implementation of its order - Impugned order set aside...........
