Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Suit for specific performance - Whether registered agreement to sell was executed between parties as pleaded in plaint and whether plaintiff had been ready and willing to perform his part of agreement - These are questions of fact and not of law - Such questions of fact can be decided..........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand of case - Following conditions are necessary for court to exercise power under the provision : (i) Appellate court must be in seizin of decree passed by trial court on a preliminary point; (ii) decree should be reversed by appellate court in appeal; iii) if so, the appellate court, if it thinks fit, may remand the..........
Civil Procedure Code, 1908, Order 41, Rule 23, Civil Procedure Code, 1908, Order 20, Rule 5 -- Remand of case - Order of remand cannot be made on ground that judgment did not discuss the evidence with reference to several issues and that it contravened the provision of O.20.R.5 of the Code...........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand of case - Civil cases cannot be remanded back to the trial court in order to decide any question of fact which was not properly pleaded and no evidence was let in by parties on that point...........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand of case - Remand for purpose of adducing fresh evidence to explain the evidence on record, where it is unambiguous or to cover up deficiencies or to fill in gap is not warranted by the Rule...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - After commencement of trial - Permissibility - Trial already commenced and case fixed for plaintiff's evidence - Proposed amendment amounts to withdrawal of admission made in favour of other party which is not legally permissible - Amendment declined - Order upheld...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction petition - Amendment sought to incorporate the fact that tenant does not deny the relationship of landlord and tenant which she earlier denied in her written statement - Landlord has no objection to the said amendment, but only that this is to delay the proceedings - However, tenant..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Ex parte appointment - It should be made clear in the order itself that Commissioner has to give notice to the parties before making inspection and it is duty of Commissioner to comply with the same and if it is not possible for Commissioner to give notice, he must state that fact in the report -..........
Civil Procedure Code, 1908, Order 26, Rule 9, Civil Procedure Code, 1908, Order 39, Rule 7 -- Local Commissioner - Evidentiary value of report - Commissioner's report and his evidence has to be appreciated with other evidence on record to the extent as to what he noticed during his visit and other features marked by him during local inspection...........
Civil Procedure Code, 1908, Section 60(1)(c) -- Execution - Exemption from attachment - Land appurtenant to residential building - Trial Court declined relief sought for without considering the aspect as to whether petitioner is entitled to get protection of the properties proclaimed for sale in accordance with S.60(1)(c) by taking into account the evidence available..........
