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 - Expression "Trial Court" - Meaning - Only mean the court which is competent to try the icy/issues pursuant to the order of remand...........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Ad-interim injunction - Discretion of Court - A person who violates the order of status quo, cannot be granted any relief by exercising discretionary power of Court...........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Ad-interim injunction - Plaintiff expanded unauthorized construction on the suit property in violation of status quo order - Photographs produced by Municipal Corporation regarding unauthorized construction proved on record - Plaintiff is not entitled to equitable relief, as such relief can only be granted if party comes to..........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - Cannot be granted merely for the reason that documents not produced by defendant which he has undertaken to produce - Order of temporary injunction can be passed only when Court is satisfied that plaintiff has made out a prima facie case and that balance of convenience is in favour of passing order of..........
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 23, Rule 1(3) -- Withdrawal of eviction petition - Liberty to file afresh petition - Technical defects - No factual averments made in support of fact that there are some technical defects in pleadings which cannot be cured by any other mends including amendment application - In the absence of the same, application of withdrawal of eviction..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for cancellation of sale deed and permanent injunction - Suit filed after 24 years of execution of sale deed - Plaintiff came out with a very weak case that his father orally gifted the suit property to him that too three years after execution of sale deed in question - No prima facie case is..........
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 10(2) -- Report of local commissioner - Must be the one obtained after notice to both the parties, in order to apply O.26.R.10(2) CPC...........
