Civil Procedure Code, 1908, Section 151 -- Additional evidence - Once fact already disproved by defendants and same is not question of fact in suit, prayer for additional evidence cannot be considered, as it does not fall within the purview of additional evidence...........
Civil Procedure Code, 1908, Section 9, Order 7, Rule 11(d) -- Rejection of plaint - Jurisdiction of Civil Court - Suit for cancellation of sale deeds and permanent injunction - Plaintiff alleges that power of attorney which formed the basis for execution of sale deed is a fraudulent document and forged and fabricated - Said transaction would only be voidable and cannot be..........
Civil Procedure Code, 1908, Section 115 -- (as amended in State of U.P) - Revision - Maintainability - Revision is maintainable with regard to original suit or proceedings similar to original suit and is not maintainable with regard to any order passed in an appellate proceeding in State of U.P...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Concurrent lease - Suit for eviction - As there is bar under Indian Law with regard to creation of concurrent lease, plaint held, rejected...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Plea of adverse possession by way of amendment is not permissible, as it is mutually inconsistent with original plea of title set up by defendant in her written statement by way of purchase of suit property - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Yardstick for considering amendment petition filed after commencement of trial is not only whether a separate suit on same facts and for same relief is not time barred but also whether petitioner could show plausible cause that in spite of due diligence he could not raise the matter before..........
Civil Procedure Code, 1908, Section 47 -- Execution - Redemption of mortgage - Final decree proceedings - Petitioners contended that execution petition is not maintainable, as same is filed for relief of demolition of constructions of building found in suit property when no such prayer was made in preliminary and final decree proceedings - They admittedly are parties in..........
Civil Procedure Code, 1908, Order 32, Rule 1, 15 -- Suit filed by person of unsound mind through his next friend - Enquiry as to unsoundness of mind - Court not required to hold enquiry before permitting plaintiff to proceed with trial of case - Moreover, such enquiry relates to defendant and not plaintiff...........
Civil Procedure Code, 1908, Section 100, Order 20, Rule 18 -- Partition - Ancestral property - Plaintiff, brother claiming share over ancestral residential house standing on portion of suit land allotted in favour of defendant, brother - As per preliminary decree plaintiff and defendant allotted two equal shares without partition of house - More so, report of Civil Court..........
Civil Procedure Code, 1908, Section 35B, 2(2) -- Costs - Non payment - Right to further prosecute the suit or defence is lost - Suit cannot be dismissed for non payment of costs...........
