Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Scope of review - Rehearing is permitted on account of some mistake or error apparent on face of record or for any other sufficient reason - No rehearing permissible because a party not highlighted all aspects of the case or could perhaps have argued them more forcefully or cited binding precedents to Court and..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Error apparent on face of record - Must be such an error which may strike on mere looking at record, not requiring any long drawn process of reasoning...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - When permissible - Case laws discussed...........
Civil Procedure Code, 1908, Order 2, Rule 2, Civil Procedure Code, 1908, Section , Order 47, Rule 1 -- Agreement to sell - Possession delivered - Vendor threatened to interfere in possession - Suit by Vendee for confirmation of possession & permanent injunction - Vendee reserving right to file suit for getting sale deed executed - Subsequent suit for specific performance -..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Filing of within 90 days - Rule is directory in nature - Denial of filing of written statement on mere mathematical calculation of 90 days is not envisaged by legislature - Rules of procedure are not meant to be used as tools by any litigant to take advantage of technicalities simpliciter and the other..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Objection by defendant that application is verified by constituted attorney who did not have authority to verify - Power of Attorney executed by trustee who was not party to suit - However, on date of execution of Power of Attorney he was very much trustee - No provision of law under which one cannot in..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Eviction petition - Earlier suit filed on plea that it is governed by Transfer of Property Act as right of lessee stood determined by efflux of time - Defendant took plea of monthly tenancy and that tenancy law is applicable and not TPA - Plaintiff accepted plea of monthly tenancy and sought to file a..........
Civil Procedure Code, 1908, Order 8, Rule 1, 10, Civil Procedure Code, 1908, Order 7, Rule 14 -- Written statement - Suit based on document - Failure of plaintiff to furnish copies of documents to defendants inspite of Court order - Held, time had stopped running against defendant - Court should have accepted written statement instead of penalising him though it was filed..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Filing of beyond period of 90 days - Provision of O.8.R.1 is directory and not mandatory - Written statement already filed, beyond 90 days, directed to be treated as filed in time...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Status quo order passed - Plaintiff filed another application praying to protect their possession - Application dismissed and order passed as to putting to auction the suit property and to deposit proceeds thereof in Court - Certified copies of pahanies disclosed possession of plaintiff over suit..........
