Civil Procedure Code, 1908, Order 22, Rule 3, 4 -- Abatement of suit - Non-substitution of LRs - Before declaring a suit or proceeding to have abated on ground of non-substitution of heirs/LRs of a deceased party, Court must examine whether interest of deceased party qua subject matter of proceeding is sufficiently represented by other parties already on record - If..........
Civil Procedure Code, 1908, Order 22, Rule 3, 4 -- Abatement of appeal - Appeal does not automatically abate due to non-substitution of LRs of deceased party if estate of deceased is sufficiently represented on record...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Principle of res judicata applies also as between two stages in same litigation to the extent that a Court whether trial Court or a higher Court having at an earlier stage decided a matter in one way will not allow parties to re-agitate the matter again at a subsequent stage of same proceedings - However, what is..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While deciding an application U.O.7.R.11 CPC, Court is required to confine itself to averments contained in plaint or petition and to examine whether on the date of its presentation, it disclosed a cause of action and was maintainable in law...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Power U.O.7.R.11 CPC is not meant to be exercised on the basis of subsequent events unless such events completely extinguish cause of action or render proceedings inherently void...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Eviction petition originally filed by competent person in his own right and on behalf of his minor daughter - Subsequent death of said person did not render eviction petition void or non est - Application U.O.7.R.11 CPC could not succeed merely on the ground that for a limited period minor petitioner was..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Applicants are not party to lis wherein order in question was passed - Even, in the said order there is no indication or reference as to how implication of such order would affect the case of applicants - Remedy as far as applicants are concerned lies elsewhere and not by way of a review as sought for -..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 21, Rule 17 -- Amendment of execution petition - Amendment was only to bring execution petition in line with final decree passed by Court - More so, executing Court has rendered certain findings and has held that unless execution petition is amended, decree cannot be executed - Application..........
Civil Procedure Code, 1908, Order 16, Rule 10 -- VRO attended Court instead of Tehsildar and stated that documents are not available - Thereafter matter was adjourned for production of documents - Ultimately Court closed the evidence on the premise that suit is an old matter - Merely because it is an old matter, Court should not have closed the evidence, more particularly..........
Civil Procedure Code, 1908, Order 16, Rule 10 -- Summoning of witness - Once the documents are produced before Court, though they are public documents, concerned witness who produced the documents needs to be examined to prove authenticity of documents...........
