Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - Court can exercise power either on its own motion or on an application filed by any of parties to the suit - Such power is to be invoked not to fill up the lacunae in the evidence of the witnesses already recorded but be invoked only to clear any ambiguity that may have arisen in the evidence...........
Civil Procedure Code, 1908, Order 41, Rule 25 -- Remand - Appellate court has power to refer the issues that may be framed by it, to the trial court for taking additional evidence thereon and in such case, trial court has to proceed to try such issues and return evidence to appellate court together with its findings thereon and the reasons therefor...........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A, 25 -- Remand of case - Validity - Appellate Court remanded case to trial Court without reversing findings recorded by trial Court on issues framed by trial Court and without finding retrial necessary - Appellate Court also failed to frame any issue which according to it, trial Court had failed to frame - Nor it called for..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 11 -- Land reserved for common purpose - Determination of title - Held, quasi judicial authorities when deciding question of title are supposed to exercise jurisdiction akin in civil Court - After looking into pleadings of parties issues need to be framed and thereafter looking into evidence on record finding has..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Normally when the suit reaches the stage of rebuttal evidence or arguments, it should not be dismissed in default - Even, if it has been dismissed in default, the same should be restored when plaintiff files application by holding that plaintiff could not afford to intentionally..........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Examination-in-chief - Affidavit in lieu of - Irrelevant evidence - Held, Court cannot permit the party to lead an irrelevant evidence or evidence not related to issue even in affidavit filed by way of examination in chief in lieu of oral evidence - O.18.R.4 in has to be r/w O.18.R.2 which clearly provides that evidence has..........
Constitution of India, 1950, Article 227 -- Extraordinary jurisdiction - High court can examine orders of civil court only in exceptional cases when manifest miscarriage of justice has been occasioned or there is grave dereliction of duty or flagrant abuse of fundamental principles of law or justice i.e patent perversity reflected in order - It cannot lightly or liberally..........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - An issue for which evidence is required to be led cannot be treated as a legal issue and, therefore, cannot be treated as a preliminary issue...........
Civil Procedure Code, 1908, Section 13(b) -- Foreign judgment - An ex parte foreign judgment without discussion of any oral or documentary evidence is not a judgment on merits as provided in S.13(b) of the Code...........
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 4, 5, 6 -- Eviction - Case set up by petitioners was that they were not in unauthorized possession but had purchased property in dispute in auction - However, their auction was not confirmed - Contention that though amount deposited by them towards auction money has been returned but interest..........
