Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit property on rent, damaged in fire - Restraining tenant from constructing/reconstructing/restoring or repairing suit property - Question as to whether even after damage, suit premises are in the same position in which they were let out to the defendant, is a fact/an issue which shall be decided..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Eviction suit - Son of original tenant sought impleadment after almost 6 years of filing of eviction suit - No date or month is mentioned in the application as to when applicant was aware of pendency of eviction proceedings - Vague and cryptic explanation given by applicant - Moreover, similar..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Application has to be decided at the stage of final hearing and if Court comes to conclusion that a case for additional evidence is made out then to allow the same - Application not to be dismissed at the threshold...........
Civil Procedure Code, 1908, Section 151 -- Quashing of order - Order directing defendants to produce their witnesses without formal order closing evidence of plaintiff - Mere technicality - From the order itself it is abundantly clear that evidence of plaintiff was closed - No interference warranted in impugned order...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Concurrent finding of fact - Appellant is entitled to point out that it is bad in law because it was recorded de hors the pleadings or it was based on no evidence or it was based on misreading of material documentary evidence or it was recorded against any provision of law and that..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of O.2.R.2 CPC - Cause of action for the two suits different and distinct - Evidence to support the relief in two suits also different - Provision of O.2.R.2 CPC does not apply...........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking of defence - Valuable right of hearing on basis of principle of natural justice is conferred upon tenants and that right includes also right to adduce evidence in defence and due consideration thereof by a Court of law...........
Civil Procedure Code, 1908, Section 96, Order 41, Rule 31 -- Judgment of appellate Court - Reasoned decision - Appellate Court neither considered evidence on record nor assigned reasons for reversing findings of trial Court - It was duty of Appellate Court to deal with, consider and appreciate evidence on record and record findings with reasons while arriving at a..........
Civil Procedure Code, 1908, Order 21, Rule 11(2) -- Execution - Money decree - Arrest and detention of JD - Willful evading of payment by JD - DH contended that JD willfully and deliberately evading payment even though he is possessed of sufficient means to satisfy decree, as he is running a business - However, JD stated that said business is being run by his wife and not..........
Civil Procedure Code, 1908, Order 8, Rule 1A -- Late production of documents - Documents not filed alongwith written statement - Documents sought to be produced after closure of evidence by plaintiff - It will cause prejudice to plaintiff as he will not have opportunity to controvert said documents - If he had known about these documents, he would have also filed documents..........
