Civil Procedure Code, 1908, Section 107, Order 41, Rule 33 -- Appeal - Discretionary power of Appellate Court - Where Appellate Court has power to reverse trial Court's finding on which dismissal of suit is based and to grant decree on merits of case, there is no need to have recourse to discretionary power U.O.41.R.33 for granting decree - High Court having expressed its..........
Civil Procedure Code, 1908, Order 41, Rule 33 -- Power of Appellate Court - The provision enables the Appellate Court to pass any decree that ought have been passed by the Trial Court or grant any further decree as the case may require - The powers could be exercised not withstanding that the appeal was only against a part of the decree and could even the exercised in..........
Civil Procedure Code, 1908, Order 43, Rule 1(k), Civil Procedure Code, 1908, Order 22, Rule 9 -- Abatement - Refusal to set aside - Same challenged in appeal - Pending appeal suit also dismissed as abated - Not necessary to challenge judgment in suit in appeal...........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37, Punjab Land Record Manual -- Change of khasra girdawari - Pendency of Civil Suit - Effect - Agreement to sell - Suit for specific performance - Prayer for permanent injunction restraining defendant from interfering in peaceful possession and from alienating etc. - Status quo ordered - Application for correction of..........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11 -- Court fee - Restoration of plaint rejected U.O.7.R.11 CPC by exercise of inherent power - Held, Court can order restoration of suit by exercise of its inherent power when remedy of appeal is also available...........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A, 25 -- Wrong framing of issue - Scope of remand - Will by mother in favour of a daughter - Challenged by other daughter by filing suit for declaration - Suit dismissed - In appeal High Court held that the Trial Court wrongly framed issue regarding validity of Will in negative ` Onus of proof of Will was also wrongly placed..........
Civil Procedure Code, 1908, Order 14, Rule 1, 2, 5, Evidence Act, 1872, Section 101 -- Recasting of issues at appellate stage - Suit for possession - Decreed by Trial Court - In appeal, the Appellate Court set aside judgment & decree on the ground that issues framed by Trial Court not happily worded and burden of proof was not appropriately put - Appellate Court reframed..........
Civil Procedure Code, 1908, Section 2(2), Order 7, Rule 11, 13 -- Provision of O.7.R.11 CPC enables Court to reject plaint and not to dismiss the suit - Plaint rejected U.O.7.R.11 CPC amounts to a decree and plaintiff is entitled to file an appeal - Plaintiff is also entitled to file a fresh suit in respect of the same cause of action...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for possession by way of redemption - Application for amendment moved in first appeal - Date of mortgage, particulars of mortgagors and amount of mortgage sought to be amended - Declined on the ground that amendment will challenged nature of suit, introduce altogether new case and period of..........
Civil Procedure Code, 1908, Order 26, Rule 9, 10 -- Objection to report of Local Commissioner - Additional issue framed on the report of LC - Objections against the report of LC - Suit decreed - In appeal contended that objections against report of LC not decided by Trial Court - Judgment of Trial Court set aside - Case remanded back for fresh decision with directions to..........
