Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Non-party to proceedings if he perceives to be in position of a person aggrieved and satisfies Court as such, can seek review of an order passed therein...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Non-framing of specific issue - Where parties go to trial with knowledge that a particular question is in issue though no specific issue has been framed thereon and adduce evidence relating thereto, they cannot claim prejudice for issue being not specifically framed...........
Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Issues - When several issues arise for being answered by a Court in facts of a given case, ideally disposal thereof ought to be preceded by recording Court's answers to each of such issues with reasons rather than decision of Court focusing on just one decisive point...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Court while deciding an application U.O.39.Rr.1, 2 CPC, may take into account revenue records and or material of criminal proceedings only for limited purpose of forming a prima facie view, without allowing such material to influence or prejudge final adjudication of civil rights, which must await a..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - While deciding application U.O.39.Rr.1, 2 CPC, Civil Court can very well place reliance upon affidavit so also material placed before it which may also include documents pertaining to criminal investigation/case or documents pertaining to revenue records or orders passed by revenue Courts regarding..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Revenue entries though not documents of title are relevant indicators of possession and can be considered at the injunction stage...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Admissibility of a document in evidence cannot be decided at the stage of O.39.Rr.1, 2 CPC nor a document can be ignored upon an objection regarding its inadmissibility in evidence at that stage for the purpose of deciding issue of prima facie case...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - For succeeding in an application U.O.39.Rr.1, 2 CPC, establishment of prima facie case is sine qua non and once said issue is decided against plaintiff, order cannot be interfered merely on the ground that issue of balance of convenience and irreparable injury was not decided in great detail...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Registry cannot make inroads into areas within exclusive domain of judiciary and seek clarification as to why a particular party has been joined as a respondent...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit - Particulars in a suit as are required to be pleaded in terms of O.7.R.1 CPC, if are not correctly pleaded and for formal defect a suit may fail, then power is vested with Court to permit plaintiff to withdraw the suit...........
