Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Grounds for - Held, (i) discovery, new and important matters for evidence which after exercise of due diligence, was not within knowledge of party applying for review or could not be produced at the time when decree or order was passed - (ii) mistake or error apparent on face of record and - (iii) for any other..........
Civil Procedure Code, 1908, Section 151 -- Consolidation of suits - Purpose of consolidation of suits is to save costs, time and effort and to make the conduct of several actions more convenient by treating them as one action - Consolidation of suits is ordered for meeting the ends of justice as it saves the parties from multiplicity of proceedings, delay and expenses and..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17 -- Impleading a party and amendment of plaint - Suit for specific performance - Plea in written statement that wife is owner of part of the property - Proposed party is the wife of the defendant and she is owner of part of the property and her presence would be necessary to enable..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Death of defendant No.1 - Legal representative of deceased defendant already on record as defendant No.2 - Contention that defendant No.2 had been adopted and therefore not legal representative of deceased not proved by evidence - Order that suit did not abate, upheld...........
Civil Procedure Code, 1908, Order 7, Rule 11, Specific Relief Act, 1963, Section 6 -- Rejection of plaint - Validity - Suit filed u/s 6 of Act of 1963 - Application U.O.7.R.11 CPC allowed, dismissing suit by giving finding that Court has no jurisdiction to decide suit because land in question is agriculture land - Held, since there is no assertion in plaint that land in..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Non compliance of order of injunction - Person proceeded against should be given reasonable opportunity as to why he is not liable to be prosecuted and punished, affording him chance to lead evidence in support of his defence, there must be clear proof of disobedience of injunction to punish him as a condemner...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Opportunity given but not availed - Sought permission to file replication after closure of evidence of plaintiff - Replication is mere denial of new or fresh facts pleaded in the written statement - Issues are framed on the basis of plaint and written statement - Role that can be attributed to the..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Injunction - Breach of order - Knowledge of injunction order has to be established beyond any shadow of doubt - Knowledge of injunction order cannot be imputed by the mere fact of filing of written statement - Having knowledge of the proceedings in general does not mean that the parties have the special knowledge of every..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Suit for declaration of title and possession of land - Dismissed by first appellate Court - High Court admitted second appeal on the ground that Courts below have failed to consider material evidence on record - However, High Court instead of pointing out material evidence which has..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Trial has been pending for last so many years - It is still at the stage of plaintiffs' evidence - Held, amendment in plaint would be barred in view of proviso to O.6.R.17 CPC - Petition dismissed...........
