Civil Procedure Code, 1908, Section 96 -- First appellate Court - Suit for declaration and permanent injunction - Merely because trial Court not framed any specific issue qua possession, if any of plaintiff pursuant to lease deed, but since question with regard to validity of lease deed was before first appellate Court, there was no bar for it to make findings/observations..........
Civil Procedure Code, 1908, Section 47, 151 -- Execution - Objections - Suit for declaration of right, title, interest, confirmation of possession - Suit property leased out to DHrs by State Housing Board - State Housing Board not filed any application challenging executability of decree - JDs not taken any steps to prove that suit property is a joint family property as..........
Civil Procedure Code, 1908, Order 21, Rule 46A -- Notice to Garnishee - Violation of Court's order of attachment by Garnishee - Recovery suit - In pursuance of notice issued, garnishee has to appear before Court and has to obtain clarification of order for safeguarding its interest, as per O.21.R.46-A CPC - In the absence of such a procedure being adopted by garnishee,..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Recovery suit - Courts below have taken due note of the fact that much of evidence as led by defendant was beyond pleadings and therefore not admissible - Even otherwise, findings recorded by Courts below are based on correct appreciation of pleadings and evidence and are pure findings of fact which are immune from..........
Civil Procedure Code, 1908, Order 17, Rule 2, Civil Procedure Code, 1908, Order 9, Rule 8 -- Suit dismissed U.O.9.R.8 CPC - Neither party appeared - Case fixed for evidence/cross-examination of PW1 - Both parties were absent on date so fixed after giving last opportunity - In such situation, Court has no option but to proceed as per O.17.R.2 CPC for dismissal of suit -..........
Civil Procedure Code, 1908, Order 14, Rule 1, 5 -- Preliminary issue - Additional issues as framed by trial Court are mixed issues of law and fact, which can be decided after recording evidence of parties of suit - Said issues cannot be tried as preliminary issues...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Impleadment sought on the basis of semblance of title, as applicants claiming themselves to be co-owners of suit property - However, defendant in agreement to sell stated that she is the sole and absolute owner/occupier in possession of suit land - No documents of title..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Averments in plaint referring to an undertaking given in a letter to honour the cheques - No specific denial in written statement as to undertaking given in letter - Defendant failed to produce the original letter and instead a Xerox copy of said letter was filed - Deliberate attempt was made by..........
Civil Procedure Code, 1908, Section 20(c) -- Suit for recovery - Cause of action - In contractual matters part of cause of action arises where either contract is executed or contract has to be performed or where payment has to be or is made or where breach occurs with respect to contract...........
Civil Procedure Code, 1908, Section 20(c) -- Suit for recovery - Territorial jurisdiction - Cause of action - Non payment of price of goods - Cheque issued by defendant at Delhi and realized at Delhi - Therefore, once payment is made at Delhi, Courts where payment is made is Court where part of cause of action arises, thus, Courts at Delhi has jurisdiction to try suit u/s..........
