Civil Procedure Code, 1908, Section 11, Order 22, Rule 5 -- Res judicata - Orders passed in application for substitution of L.R's - A decision U.O.22.R.5 CPC is in the nature of collateral proceedings for the purpose of determining who are LRs for continuing the suit - Order passed is not a final order or final adjudication of the matters involved in the suit - Absence of..........
Criminal Procedure Code, 1973, Section 145, 482 -- Proceedings u/s 145 Cr.P.C - Dispute regarding temple - Civil suit between parties stands adjourned sine die and parties were directed to maintain status quo with regard to passage which is bone of contention between parties for going in and out for general public - Petitioner failed to produce any document of ownership..........
Civil Procedure Code, 1908, Order 6, Rule 1 -- Pleading and proof - Parties to suit cannot be permitted to travel beyond pleadings, as civil suits are decided on the basis of pleadings...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Agreement to sell gives prima facie impression that it is transcribed on a signed stamp paper and thereafter signatures of witnesses as well as plaintiff have been appended - Words `Shree Ganeshaya Namah' is placed at such a place which appears to have been done for..........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Recovery suit - Work contract - Evidence on record shows that plaintiff has executed work for disputed period - Some amount already received by plaintiff for said work - Plaintiff only claimed balance amount of Rs.7,30,000 (including Rs.1 lakh as verification charges) - Amount payable to plaintiff by defendants comes to..........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Recovery suit - Work contract - Reduction of decretal amount by Appellate Court - Appellate Court committed error by reducing the decretal amount on the basis of records of defendants even though said records especially measurements books not produced in Court - Findings of Appellate Court are perverse and without any reasons..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Non-framing of substantial question of law - Suit for declaration of title and permanent injunction - High Court examined issue of ownership of plaintiff without framing any substantial question of law regarding same - It was necessary for High Court to have proceeded to examine issue relating to plaintiff's title..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary Injunction - Restraining defendants from raising construction over suit land - Both parties claiming title and it is a triable issue and there is prima facie case - Possession is of defendant as they are making construction over suit land - Balance of convenience lies in favour of defendant - As defendants are in..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary Injunction - Possession of suit land is main consideration while considering petition U.O.39.Rr.1, 2 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Production of document - After evidence of plaintiff's witnesses - Suit for specific performance - Document in issue was in knowledge of plaintiff at time of his cross-examination - Further he was advised to bring the same on record - Application if allowed, would delay the adjudication of suit - Application rightly,..........
