Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - At appellate stage - Petitioner was not a party to original suit - He neither represented the claim in a representative capacity nor was his presence necessary for effective adjudication - However, trial Court permitted him as Sarpanch, to adduce evidence on behalf of Gram Panchayat - Said permission..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Framing of an issue - Object of an issue is to tie down the evidence and arguments and decisions to a particular question so that there may be no doubt on what the dispute is...........
Indian Penal Code, 1860, Section 323, 324, 148, 149 -- Offence u/ss 323, 324, 148, 149 IPC - Accused persons were members of unlawful assemblies, armed with deadly 19 weapons such as iron rods, knives, sticks, and lathis, and had voluntarily caused hurt to victims - Material on record including seizure memos, medical reports and eyewitness testimonies, support conclusion..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for possession/eviction - Plaintiff is claiming ownership over shop in question on the basis of preliminary partition decree - Admittedly, preliminary decree cannot be questioned by defendants as they have no locus standi to challenge the same being tenants and has not alleged that preliminary..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Barred by limitation - Where date of knowledge has been specifically pleaded in the plaint and forms the basis of accrual of cause of action, issue of limitation cannot be decided at the threshold - Question of limitation, in such a situation, would be a mixed question of fact and law, which would..........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Practice of catching parties by surprise by writ Courts travelling beyond the scope of issues in question is disapproved...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Where facts required for a point of law have not been pleaded, a litigant should not be allowed to raise that question as a substantial question of law in second appeal...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Mere appreciation of facts, documentary evidence and contents of documents cannot be held to be raising a substantial question of law...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - A proper test for determining whether a question of law raised in the case is substantial would be or whether it directly and substantially affects the rights of parties and if so, whether it is either an open question in the sense that it is not finally settled by superior Courts or..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Plea of limitation is a mixed question of facts and law - Plaint is not liable to be rejected U.O.7.R.11(d) CPC on plea of limitation...........
