Civil Procedure Code, 1908, Section 2(2) -- Decree - Elements necessary to constitute an order a decree are : (i) There must be an adjudication; (ii) Such adjudication must have been given in a suit; (iii) It must have determined the rights of the parties with regard to all or any of the matters in controversy in the suit; (iv) Such determination must be of a conclusive..........
Civil Procedure Code, 1908, Section 100, 35B, 2(2) -- Second appeal - Default in payment of costs - Dismissal of suit - Dismissal of suit for default on ground of no, payment of costs, cannot be termed as adjudication of suit on merits - Such order does not amount to decree - Second appeal, not maintainable...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Cannot be granted in respect of no, suit property...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants and their men, agents, associates from causing any obstruction/disturbances or interference in free ingress and egress of plaintiff and their vehicles in suit property - Disputed gate and passage over which plaintiff is claiming some reliefs are neither mentioned in pleadings..........
Civil Procedure Code, 1908, Section 80 -- Suit against both government and private persons - Non-compliance of requirement of S.80 CPC as against some of defendants - Dismissal of suit in entirely as against all defendants inclusive of first defendant/private person who would not come under purview of S.80 CPC due to no, compliance of mandate u/s 80 CPC is impermissible -..........
Civil Procedure Code, 1908, Section 80(2) -- Leave u/s 80(2) CPC - In earlier suit leave u/s 80(2) CPC was obtained, though subsequently it was withdrawn due to change of legal position and a fresh suit was instituted on the same cause of action - Once requirement of S.80 CPC was compiled with in earlier suit based on same cause of action claiming same reliefs, there is no..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Recovery suit - Trial Court dismissed application U.O.9.R.13 CPC without assigning any reasons much less cogent and valid reasons - Mere no, filing of medical certificate itself is not a valid ground to dismiss the application - Court has to take into consideration totality of facts and..........
Civil Procedure Code, 1908, Order 8, Rule 5 -- Written statement - Specific denial - Suit for declaration - Defendant in his written statement clearly denied the possession and title of plaintiffs - Moreover, by pleading adverse possession plaintiffs have themselves admitted title of defendants, which is not extinguished - Objection raised by plaintiffs that there is no..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Recovery suit for possession, eviction and other reliefs - No error apparent on face of record or some mistakes or palpable error which is self evident in judgment sought to be reviewed - Petitioners attempted to argue the case on merits afresh seeking re-appreciation of evidence on facts, which is impermissible in..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - In earlier suit issue of title adjudicated as part of the issues struck in a suit for grant of decree of possession - Same binds parties and subsequent suit does not lie for declaration of title...........
