Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Suit for permanent injunction - Documents which were sought to be produced at appellate stage were mainly public documents - Authenticity and genuineness of said documents was not in dispute - Suit for perpetual injunction is on assertion of settled possession - Hence, these documents..........
Civil Procedure Code, 1908, Section 41 -- Remand - Suit for permanent injunction - Appellate Court remanded the matter back to trial Court on the ground that trial Court had not recorded specific conclusion with regard to plot in question - However, judgment of trial Court reveals that categorical finding has been recorded in it with regard to ownership and possession of..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Divergent findings on fact - Suit for permanent injunction - Plaintiff except contending that suit property was being enjoyed for past 40 years by paying kist has not in fact referred to manner in which such right had accrued so as to suggest or indicate unassailable right to be in physical possession - He himself..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Suit for declaration and permanent injunction - Application U.O.12.R.6 CPC filed after almost 7 years from alleged admission - Even, if it is taken to be as an admission, it cannot be questioned after 7 years - Application filed only after a period of 7 years from alleged admission, is a clear case of..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of First Appellate Court - Suit for permanent injunction and possession - Once title of plaintiff stood confirmed and that being a finding of fact, said finding of fact cannot be open to be assailed primarily on technical grounds as raised in terms of O.41.R.31 CPC - No material produced by appellants/defendants to..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Suit for mandatory and permanent injunction - Plaintiff claimed that he is sole owner of suit property - Defence of defendant is that suit property is shared household and she has right to reside in the house - However, trial Court decreed the suit on basis of admission made by defendant in her..........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Suit for permanent injunction - Issues regarding identity of property and ownership and possession thereof was decided by trial Court in favour of plaintiff - However, defendant questioned the same and also sought an opportunity to produce additional evidence by filing an application U.O.41.R.27 CPC - Lower..........
Civil Procedure Code, 1908, Section 11, Delhi Rent Control Act, 1958, Section 14(1)(b) -- Subsequent eviction suit - Finding in earlier suit for injunction - Whether operate as res-judicata - No doubt finding was rendered in a suit for injunction between same parties after proper contest and evidence - However, neither party challenged the judgment therefore, same cannot..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Plaintiff filed suit possession regarding `A' schedule property and for permanent injunction regarding `B' schedule property - Defendant filed suit for injunction with regard to `A' schedule property - Both the suits tried together and dismissed - Aggrieved by same plaintiff alone preferred an appeal and same was..........
Wakf Act, 1995, Section 83 -- Suit for permanent injunction - Dismissal of suit on account of lack of jurisdiction - S.83(5) of the Act, provides that Tribunal shall be deemed to be a Civil Court under CPC while trying a suit or executing a decree or order - Dispute is not between Wakf Board and Gram Panchayat with regard to nature of land rather Wakf Board has filed suit..........
