Civil Procedure Code, 1908, Order 41, Rule 3A -- Appeal - Condonation of delay - Filing of memo of appeal without an application for condonation of delay is not fatal - Defect if any, can be cured by filing subsequent application for condonation of delay...........
Civil Procedure Code, 1908, Order 41, Rule 3A -- Appeal - Condonation of delay - Purpose and requirement of filing an application U.O.41.R.3A CPC along with a time barred appeal is mandatory in the sense that appellant cannot without such an application being decided insist upon Court to hear his time barred appeal - However, no penalty of rejection or dismissal of a time..........
Civil Procedure Code, 1908, Order 41, Rule 3A -- Appeal - Condonation of delay - Application for condoning delay can be filed subsequent to filing of memo of appeal...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Where appointment of a Local Commissioner is sought solely for the purpose of collecting evidence, such an appointment is impermissible and ought to be disallowed...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - For existing status of property on the spot and not for the purpose of collecting evidence - Existing physical status of suit property as it stood at the time of filing of suit as well as on today is indeed relevant and necessary for just and effective adjudication of issues involved -..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Service of notice u/s 106 of Transfer of Property Act and validity of service are issues of facts, which cannot be considered in a second appeal, as second appeal contemplates consideration of substantial questions of law and not mere questions of law...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - High Court can entertain regular second appeal purely on a "substantial" question of law not even a question of law or a question of fact - If no substantial question of law arose in the case then appeal could not have been entertained and ought to have been dismissed at the stage of..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Where appellants failed to adduce evidence, defence taken by them in written statement becomes a nullity and therefore, there is no locus to raise any question of law or substantial question of law - Thus, second appeal lacks merits and is liable to be dismissed...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - A document or statement recorded in another proceeding unless duly exhibited and proved as admissible evidence during the trial of civil suit in accordance with law of evidence, cannot ipso facto constitute an admission that is conclusive and dispensatory of requirement of proof U.O.12.R.6 CPC - Such..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Object of provision U.O.12.R.6 CPC is to enable a Court to pronounce judgment based on admissions that are so unequivocal, unambiguous, unconditional and express that they render any further detailed adjudication in the matter wholly unnecessary and superfluous - This power being in the nature of an..........
