Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Application for adducing additional evidence would be considered and decided at the time of final hearing of appeal - It was obligatory for first appellate Court to give a specific decision in clear terms on such an application, either by allowing the same or by rejecting the same...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Cannot be passed against a person who is not party to the proceedings...........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution - Eviction decree - Tenant who is concededly in possession of property ought not to be evicted at the interim stage of deciding an application U.O.41.R.5 CPC - Eviction of tenant at the interim stage would naturally render appeal infructuous qua his rights, as in the meanwhile landlord shall be at liberty to..........
Civil Procedure Code, 1908, Order 39, Rule 7 -- Commissioner's report - May not be evidence similar to the provision of O.26 CPC - However, in a given circumstance, it is treated so, though, for a limited purpose...........
Civil Procedure Code, 1908, Order 39, Rule 7 -- Appointment of Pleader Commissioner - Dispute lies regarding use and utility of suit land either for cultivation purposes or having a school over the same - Petitioner denied claiming that there is no school building - Appointment of Commissioner is the right way to deal with the situation - For deciding an application for..........
Civil Procedure Code, 1908, Section 47 -- Execution - Decree of possession - Objections - Objection regarding averment made in caveat petition filed by DH claiming to be in possession - Same has been explained by DH by filing reply to application as a typographical error and mistake of counsel - Merely for a wrong assertion made in caveat, execution of decree cannot be..........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - De novo trial - When case can be decided on interpretation of documents available, there is no need to remit the matter only for appointment of another Court Commissioner...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for redemption of mortgage - Amendment sought that plaintiffs are entitled to mesne profits - At the fag end of trial when both the parties led their evidence, if amendment is allowed, it would amount to a de novo trial, as issue regarding mesne profits would have to be framed and defendant would..........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Administrative act of authority is challenged by way of writ petition - Controversy between petitioner and respondent is civil in nature - Power under writ petition cannot be exercised - Writ petition disposed of...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint cannot be rejected in its entirety merely because one of prayers or reliefs sought is legally untenable so long other reliefs are maintainable and based on independent causes of action...........
