Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 100 -- Condonation of delay - Delay in filing second appeal - First Appellate Court decreed suit after reversing decree of trial Court - Filing of review petition before First Appellate Court was with a delay of two years and four months and second Appeal before High Court was delayed by about a year from..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Additional evidence U.O.41.R.27 CPC can be adduced in one of the three situations: (i) that trial Court has illegally refused evidence although it ought to have been permitted; (ii) that evidence sought to be adduced by party was not available to it despite exercise of due diligence;..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Petitioners have submitted photographs to be considered as additional evidence - Reason for failure to file these photographs at the appropriate stage not satisfactory or convincing - Allowing introduction of said evidence would serve no substantial purpose and consequently,..........
Civil Procedure Code, 1908, Order 2, Rule 3 -- Joinder of cause of action - Two or more causes of action relating to same defendant can be combined together and a single suit can be filed...........
Civil Procedure Code, 1908, Order 2, Rule 3 -- Joinder of cause of action - One promissory note was executed by defendant and another promissory note was executed by his deceased father - It constitutes two different causes of actions by two different persons - O.2.R.3 CPC is not applicable...........
Civil Procedure Code, 1908, Section 53 -- Liability of ancestral property - Plaintiff averred that deceased borrower died leaving behind him, defendant, his mother and his brothers and his sisters as his legal heirs - Admittedly, no partition has taken place among legal heirs of deceased borrower - Property of deceased borrower in the hands of defendant cannot be construed..........
Civil Procedure Code, 1908, Section 151, Order 16, Rule 1(2) -- Summoning of Tehsildar - Partition suit - Tehsildar cannot be summoned to Court to lead evidence merely on the ground to find out the discrepancy that seems to be in the areas of land purchased by parties in the agreement of sale and the area that was got mutated in the name of parties in the revenue records -..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Limitation is a mixed question of fact and law - Said issues are triable issues - Trial Court will consider said issue at the time of trial - Plaint cannot be rejected on issue of limitation...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration and permanent injunction - Amendment sought to incorporate relief of recovery of possession - It is specific case of plaintiff that after filing of suit criminal case was registered against her, she was arrested and in the meanwhile defendant illegally occupied the suit property -..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Application for restoration of suit allowed by trial Court subject to payment of costs by plaintiff - Costs paid - Trial Court committed error by recording a finding that suit cannot be restored, as plaintiff failed to pay costs - Order of trial Court set aside - Suit restored...........
