Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of first appellate Court - Appellate Court apart from recording its concurrence to findings recorded by trial Court has not assigned any reason in support of its conclusions - Being final Court of fact, it is duty of appellate Court to re-appreciate the evidence independent of findings recorded by trial Court and..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for mandatory injunction - Numerous opportunities given to plaintiff by trial Court to lead evidence but plaintiff failed to appear himself before trial Court - Trial Court rightly closed evidence of plaintiff and rightly came to conclusion that his evidence could not be read - Trial Court and first appellate..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent prohibitory injunction - Concurrent findings of Courts below that plaintiff failed to prove encroachment or interference by defendants - Demarcation report and expert witnesses confirmed that both the parties were in possession of their respective Khasra numbers disproving plaintiff's case of..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 41, Rule 3A -- Condonation of delay - Delay of 1116 days in filing appeal - Respondents raised very same grounds which were raised in earlier round of litigation and delay was not condoned - Grounds put forth were insufficient to constitute `sufficient cause' u/s 5 of Limitation Act - Application dismissed...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - In exercise of jurisdiction U.O.47.R.1 CPC, it is not permissible for an erroneous decision to be reheard and corrected - A review petition has a limited purpose and cannot be allowed to be an appeal in disguise...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Lack of jurisdiction either pecuniary or territorial, has to be taken at the earliest opportunity - Since the same has been raised before High Court, appellant cannot be allowed to raise lack of pecuniary jurisdiction at such belated stage - Moreover, on the date of filing of first appeal, High Court had..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration of ownership - Amendment sought to incorporate alternative relief of possession - Plaintiff was never in possession of suit property as per findings of trial Court - He had claimed ownership on basis of sale deed executed by one `S' - However, ownership of said `S' over suit property..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Application U.O.41.R.27 CPC should be decided along with main appeal - Order allowing application which was decided prior to deciding of appeal set aside - First appellate Court directed to decide appeal along with application U.O.41.R.27 CPC together on merits...........
Civil Procedure Code, 1908, Order 23, Rule 3, Civil Procedure Code, 1908, Order 43, Rule 1A(2) -- Appeal - Compromise decree - A person who was not a party to the suit, but whose rights are hurt by a consent decree, may approach Appellate Court in a First Appeal u/s 96 CPC, but only after obtaining leave and in that appeal appellant may by virtue of O.43.R.1-A(2) CPC..........
Civil Procedure Code, 1908, Order 11, Rule 14 -- Production of documents - Cannot be allowed by Appellate Court in an appeal filed against order rejecting plaint as Appellate Court has to examine validity of trial courts order rejecting plaint and Appellate Court is not enjoined to decide merits of controversy...........
