Civil Procedure Code, 1908, Section 100, Order 6, Rule 1 -- Second appeal - New plea - Not permissible - As second appellate Court being required to delve into the issue of substantial questions of law is not required to entertain fresh plea of facts which was not agitated before Courts below...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Cannot be granted in respect of no, suit property...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants and their men, agents, associates from causing any obstruction/disturbances or interference in free ingress and egress of plaintiff and their vehicles in suit property - Disputed gate and passage over which plaintiff is claiming some reliefs are neither mentioned in pleadings..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Discovery of new facts - If review is on discovery of new matter or evidence and it is cause for filing such application, strict proof of such statement is a condition precedent...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Discovery of new facts - Review petition is bald without any particulars or details as to when document was discovered and circumstances under such discovery was made - It is also evident that petition suffers from inherent defect as certified copy of document has not been enclosed - This inherent defect cannot be..........
Civil Procedure Code, 1908, Order 11, Rule 1 -- Permission to serve interrogatories - Serving of interrogatories cannot be denied on the ground that questions can be put to witness at the time of cross examination...........
Civil Procedure Code, 1908, Order 11, Rule 1 -- Second application seeking permission to serve interrogatories - Similar application filed earlier - It is no ground for dismissing application U.O.11.R.1 CPC...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Recovery suit for possession, eviction and other reliefs - No error apparent on face of record or some mistakes or palpable error which is self evident in judgment sought to be reviewed - Petitioners attempted to argue the case on merits afresh seeking re-appreciation of evidence on facts, which is impermissible in..........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - Against sale of life interest in property - Testator created life interest for his wife and then for his daughters and ultimately the property would vest in his grand children i.e. between plaintiff and defendant - Plaintiff alleged that defendant were trying to sell their undivided life interest to..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of previous suit without seeking liberty to file a fresh suit - Bar to file fresh suit - Cause of action and relief claimed have to be construed together and if cause of action and relief claimed in the previous suit and subsequent suit are not same, then subsequent suit is not barred by O.23.R.1(3) CPC...........
