Civil Procedure Code, 1908, Order 11, Rule 21(1) -- Applicability of provision U.O.11.R.21(1) CPC - Proceeding cannot be initiated U.O.11.R.21(1) CPC in case of non-compliance of order passed U.O.11.R.14 CPC...........
Civil Procedure Code, 1908, Order 11, Rule 21(1) -- Applicability of provision of O.11.R.21(1) CPC - Until and unless defendants were in a position to show that there was an order passed U.O.11.R.12 CPC and there was non-compliance thereof, provision of O.11.R.21(1) CPC could not have been invoked by defendants...........
Civil Procedure Code, 1908, Order 11, Rule 21(1) -- Dismissal of suit U.O.11.R.21(1) CPC - Until and unless wilful default and obstinacy or contumacy is shown, powers U.O.11.R.21(1) CPC cannot be exercised by Court...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Rejoinder - Proposed rejoinder is intended only to specifically traverse and rebut new factual assertions introduced in written statement - Bar against raising a new case through subsequent pleadings is not attracted - Issues in suit are yet to be framed and both parties will have adequate opportunity to lead evidence -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Application rejected on the ground that application was filed after a long lapse of time - Amended proviso O.6.R.17 CPC does not apply to the instant suit as suit was filed in the year 1997 which was prior to the amended provision - There will be no change in the nature of suit as relief in substance is..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Interim order which recognizes or confers possession and effectively decides main controversy amounts to virtually decreeing suit at an interlocutory stage, which is impermissible in law - Impugned order set aside - Parties directed to maintain status quo with respect to suit property...........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - No evidence could be led beyond pleadings...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Admission should be clear, unambiguous, unequivocal and unconditional...........
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, Section 96 -- First appeal - Where a finding is returned by Court and same is assailed before appellate Court and appellate Court if it is a Court of fact may reverse it by appreciating evidence, but would have to record reasons in support of its conclusion...........
