Civil Procedure Code, 1908, Section 144 -- Restitution - Possession taken after order of injunction was passed - Interim order of trial Court did not require defendant to hand over possession to plaintiff - There was no decree or order of trial Court by virtue of which appellant was given possession of property, nor did any decree or order mandate that respondent hand over..........
Civil Procedure Code, 1908, Section 115, Order 13, Rule 4 -- Marking of document - Rejection of - Revision - Release deed - Defendants openly expressed that they intended to mark document only for purpose of establishing that plaintiff had extinguish her right and title over suit properties in view of release deed executed by her after receiving compensation - Plea taken..........
Civil Procedure Code, 1908, Section 151 -- Power of attorney examined on behalf of defendant - Entire facts with regard to transaction were within knowledge of attorney who is already examined as a witness - Defendant thereafter cannot be allowed to be examined as a witness with a view to fill up lacunae in the statement of power of attorney - Application rightly rejected...........
Civil Procedure Code, 1908, Section 115, Arbitration and Conciliation Act, 1996, Section 37, 16 -- Rejection of application by arbitrator for termination of arbitral proceedings - Revision u/s 115 CPC - Maintainability - As revision u/s 115 CPC lies before High Court only against order in appeal u/s 37 of Arbitration and Conciliation Act and not against arbitrator`s order..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Revision u/art.227 of Constitution - Not maintainable against such order of refusal to appoint Local Commissioner...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Order refusing to appoint local commissioner or accepting prayer for appointment of local commissioner are not revisable orders - Such type of orders do not decide substantive right of parties - Petitioner would be well within his right to lead substantive evidence during trial - Discretion of Court..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of transferee - Application for amendment of plaint claiming declaration already allowed by Court below - Impleadment of transferee as defendant is thus, sine qua non for prevention of multifarious of litigation - Application allowed...........
Civil Procedure Code, 1908, Order 7, Rule 11, Hindu Marriage Act, 1955, Section 11 -- Rejection of petition u/s 11 of Hindu Marriage Act on the ground of maintainability - Husband contended that since wife not produced a decree of divorce from her `first husband', petition u/s 11 of Hindu Marriage Act filed by wife itself is not maintainable, as he denied marriage with her..........
Civil Procedure Code, 1908, Section 24 -- Transfer of case - Wife sought transfer of case from Thrissur (Kerala) to Bangalore (Karnataka) - Wife having two minor children of four years and two months and she being resident of Bangalore, would be put to considerable inconvenience in prosecuting the matter at Thrissur - Case transferred from Thrissur (Kerala) to Bangalore..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Dismissal of application - During course of leading evidence, petitioner examined himself as one of his witnesses and was also cross examined - Such cross examination revealed certain lacunas in petitioner`s case particularly with regard to vagueness in case set up by petitioner regarding identification..........
