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...........
Criminal Procedure Code, 1973, Section 173(5) -- Additional documents - If there is an omission on part of prosecution in forwarding the relied upon documents to Magistrate, even after chargesheet is submitted, prosecution can be permitted to produce additional documents which were gathered prior to or subsequent to investigation...........
Criminal Procedure Code, 1973, Section 173(5) -- Additional documents - CDs not produced along with supplementary chargesheet - CDs were referred to in supplementary chargesheet - After the report of CFSL was received, supplementary chargesheet was filed for placing on record said report - Therefore, when CDs were sought to be produced they were not new articles - There..........
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..........
