Civil Procedure Code, 1908, Section 9, Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, Section 331 -- Jurisdiction of civil Court - Suit for permanent injunction and mandatory injunction - - If suit for permanent injunction and mandatory injunction along with ancillary relief of possession was filed before civil Court, civil Court had right to entertain said..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Setting aside of exparte decree - Society purchased land from 6 joint owners including father of respondent - Since society have purchased land reasonable opportunity to be afforded to society - High Court ought not to have set aside order setting aside decree and remanded matter back to trial Court - Trial Court directed to..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Additional documents/additional evidence cannot be straightaway exhibited - Respondent has to not only prove the existence, authenticity and genuineness of the said documents but also the contents thereof, as may be required by law...........
Civil Procedure Code, 1908, Order 41, Rule 27, 23, 23A -- Additional evidence at appellate stage - Remand - High Court Committed error by allowing three applications filed U.O.41.R.27 CPC and relegated the parties before trial Court - High Court ought not to interfere with discretion exercised by First Appellate Court in dismissing said three applications, that too when..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A, 24, 25 -- Remand - Necessary only when Superior Court while exercising its appellate or revisionary jurisdiction finds that Subordinate Court has failed to decide some material issues arising in the case or there is some procedural lacuna noticed in the trial, which has adversely affected the rights of the parties while..........
Civil Procedure Code, 1908, Order 21, Rule 97, Civil Procedure Code, 1908, Order 41, Rule 23, 23A, 24, 25, Civil Procedure Code, 1908, Section 115 -- Execution - Objections - Revision - Executing Court decided objections on merits - Remand - Remand of case is necessary when Superior Court while exercising its appellate or revisionary jurisdiction finds that Subordinate..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate/Revisionary stage - Documents sought to be filed neither relevant nor material for deciding the legality and correctness of the order passed by Subordinate Court - Legality and correctness of impugned order could be decided one way or the other without aid of any additional document but on..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A, Civil Procedure Code, 1908, Order 41, Rule 22 -- Remand - Landlord tenant relationship - Decided in favour of plaintiff but suit dismissed - Appeal by plaintiff - Finding of relationship of landlord and tenant neither challenged by landlord nor by tenant by filing cross objections - Order of Appellate Court reversing said..........
Civil Procedure Code, 1908, Order 37, Rule 5 -- Recovery suit - Commercial transaction between parties - Suit is pending and defendants have not yet filed their written statements disclosing their defence - Trial in the suit on merits is yet to commence - Any observations made by Supreme Court on facts would cause prejudice to rights of parties while prosecuting suit on..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise during pendency of second appeal - Appeal decided in terms of compromise - Compromise challenged by one of the parties - High Court dismissed application - In appeal thereagainst Supreme Court remitted the matter for fresh consideration and to decide question of consideration of compromise - High Court without..........
