Civil Procedure Code, 1908, Section 115, Order 23, Rule 3 -- Declining of recording a compromise, challenge to - Circumstances - (i) thumb impression of BK obtained in connection with purchase, (ii) evidence of Advocate that compromise not read over to BK, (iii) no evidence that BK agreed for compromise and after knowing contents of compromise affixed thumb impression,..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Finding of fact - Interference in second appeal - High Court can interfere in second appeal where there is glaring misreading, mis-quoting or failure to consider crucial evidence not only against the findings of first appellate Court, but also as against the concurrent findings of fact by both the lower Courts...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Jurisdiction - Plaint returned for presentation before Court having jurisdiction - Plaint presented in proper Court - Defendants have a right to file fresh written statement and to adduce evidence...........
Civil Procedure Code, 1908, Section 9 -- Sale deed - Suit for cancellation - Relief for possession of agricultural land and injunction also claimed - Main relief being cancellation of sale deed - Plea of limitation liable to be decided on evidence - Held, suit before civil Court is maintainable...........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Breach of the injunction order - Has to be decided on the basis of evidence led in U.O.39.R.2-A application - It has nothing to do with the merits of the suit to be finally decided - If suit is finally dismissed and breach is proved, action may have to be taken for violating the dignity of the Court and judicial system...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court will take into consideration the plaint and the plaint alone - Documents admitted or undisputed and the documents so filed with the plaint as to form part thereof may be looked into - Court shall not consider the defence, the pleas taken in the written statement and/or the evidence available on..........
Civil Procedure Code, 1908, Order 18, Rule 2 -- Production of entire evidence on a single day - The provisions of O.18 do not appear to have been made with a view to eradicate the evil of production of false evidence in the Courts - Trial Court rejected application - Order upheld...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint on ground of limitation - Controversy as to limitation has to be decided after hearing and taking evidence - Unless suit is shown to be barred by any law on basis of statements in plaint, clause (d) of Rule 11 has no applicability...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Sought in second appeal - Averments regarding raising wall over the land by defendant and relief for mandatory injunction sought to be included in the plaint - Amendment making no change in the nature of suit - Amendment is allowed giving opportunity of evidence and hearing to both the parties...........
Civil Procedure Code, 1908, Order 11, Rule 1 -- Interrogatories - Entire evidence led - Suit pending at the stage of rebuttal evidence - Interrogatories served at this stage - Once evidence has been led, there is very little to be recorded in evidence - Serving interrogatories then will not serve any purpose - Very purpose of interrogatories at this stage is frustrated...........
