Civil Procedure Code, 1908, Order 41, Rule 27(1)(b) -- Additional evidence at appellate stage - Application U.O.41.R.27(b) CPC is not automatic and cannot be treated to be mere irregularity which can be cured at any point of time - Appellate Court is under obligation to consider entire evidence on record and come to an independent finding for arriving at a just decision..........
Civil Procedure Code, 1908, Order 41, Rule 27(1)(b) -- Additional evidence at appellate stage - Application filed by plaintiff - Defendant entitled to get opportunity to raise his objection against adduction of additional evidence at the appellate stage...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration - Petitioner is daughter of author of the Will, therefore, she knew from the very beginning as to whether said land was ancestral or not - Evidence for declaring the Will as forged and fabricated would be entirely different from alleging that said land cannot be made a subject matter..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Every question of law may not be a substantial question of law and every mistake committed by subordinate Courts cannot be elevated to level of issues of law...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - High Court allowed second appeal without answering any of substantial question of law - High Court even did not frame proper substantial questions of law - Impugned order of High Court set aside - Matter remanded back to High Court for a fresh disposal...........
Civil Procedure Code, 1908, Section 92(h) -- Public trust - Suit for permanent injunction restraining defendants from interfering with rights of plaintiffs to discharge their duties in Church - However, neither there was any allegation of mismanagement nor breach of trust either express or constructive in plaint - There is no prayer for proper administration of Church -..........
Civil Procedure Code, 1908, Section 100, Specific Relief Act, 1963, Section 34 -- Second appeal - Suit for declaration - Sale deed - Plea of plaintiff that he be declared as owner in possession of suit property - Owner of suit property who executed sale deed in favour of defendant is not a party to present litigation - Previous owner has not challenged legality and..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Power to reject plaint can be exercised either before registering plaint or after defendant appeared before Court and prays for rejection or any time thereafter but before conclusion of trial...........
Civil Procedure Code, 1908, Section 19, Order 7, Rule 11 -- Rejection of plaint - Territorial jurisdiction - Cause of action - Suit for compensation and damages - Plaintiffs have based their claim on acknowledgement of liability and agreement to pay amount in question, which was allegedly made within limits of Court at place `I' - On account of failure and refusal of..........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Amendment of written statement - Eviction petition - Tenant only intends to incorporate date, month and year of rent note about which he was not aware sans substance, as tenant in his written statement categorically denied averment made by landlords that no rent note..........
