Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Cannot be filed after framing of issues...........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issues - Suit was filed in the year 2011 and issues were framed after hearing of parties - No new/additional issue can be framed now, as Court has already framed the issues pertaining to all relevant aspects of case, documents and pleading of parties - Application filed only to prolong and delay the..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Non-framing of issues - Once evidence is led with respect to pleadings, non-framing of issues could not have proved fatal so as to record dismissal of suit...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Partition suit - Serious triable issues arise in the case which need to be determined in the course of trial - Creating third party interest inducting third party by way of sale or otherwise would complicate the matters further - Preservation of property as it exists is therefore necessary and in the..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Remand - Suit for possession and recovery of arrears of rent - Mere fact that additional issues relate to tenability of suit or regarding ownership were not decided though framed, cannot be ground for remand, particularly when lower appellate Court could have decided the same considering law and evidence on record...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Documents sought to be proved on record by way of additional evidence are extremely relevant material having bearing on issues involved in the case for determining rights of parties - Application filed by plaintiff U.O.41.R.27 CPC was required to be adjudicated upon by first appellate..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner at the stage of second appeal - Boundary dispute - Report of earlier Local Commissioner vague and contrary - Local Commissioner could have been appointed by High Court but as it will cause denial to parties to their right to assail report or findings returned on basis of such report as such..........
Civil Procedure Code, 1908, Section 151 -- Consolidation of suits - When cause of action and issues raised in two or more suits are similar, Courts can exercise power u/s 151 CPC to consolidate suits...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Plea of non-framing of an issue with regard to easementary right - Specific case of plaintiff is that windows/ventilation are existing for last about 50 years through which he is enjoying the light and air which was denied by defendant and parties have led their evidence on this aspect - In these circumstances,..........
Civil Procedure Code, 1908, Section 24 -- Transfer of case - Plaintiff sought transfer of case filed by him to try along with partition suit filed by defendants - Issues in both the suits are common, as dispute is in respect of un-registered Will - If both the suits are tried at different Courts, it may lead to conflicting judgments - Though Court cannot direct clubbing of..........
