Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Report - Court cannot take an absolute and final view till evidence is finally concluded and Court applies its mind on the report of the Commissioner...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Objections - Party objecting to the report of Commissioner can lead best possible evidence at the time of hearing to counter-mand the report even if the same was accepted earlier...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Report can be relied after examining the Commissioner not as report forming the basis of an investigation but as corroborating the evidence of inspection conducted by the Commissioner...........
Civil Procedure Code, 1908, Order 47, Rule 1, Specific Relief Act, 1963, Section 20 -- Review - Decree of specific performance for non filing of written statement - Review sought on the ground that in absence of agreement to sell no decree for specific performance can be passed - Held, no evidence was led and thus agreement to sell was not exhibited - However, the salient..........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Amendment sought to introduce statutory requirement of law to plead and prove that 'he is not occupying any other similar accommodation in the same urban area and has also not vacated similar accommodation in the same urban area after the..........
Haryana Municipal Act, 1973, Section 205,240,253 -- Petitioner purchased plot and submitted proposed building site plan with MC for approval and sanction - Plan rejected by MC on ground that property in dispute is public street - Appeal filed by petitioner, accepted by appellate authority - Revision petition filed by MC, accepted by Commissioner and Secretary to..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Ex parte decree - Setting aside - Substituted service - Publication in newspaper - Copy of newspaper not sent to house of defendant by registered post by newspaper authorities - No evidence that said newspaper was having circulation in the said area - Proper service of summons was..........
Civil Procedure Code, 1908, Order 18, Rule 2, Evidence Act, 1872, Section 3, 5 -- Evidence contrary to pleadings - When what is pleaded is not proved, or what is stated in evidence is contrary to pleadings, the dictum that no amount of evidence, contrary to pleadings, howsoever cogent, can be relied on, will apply...........
Civil Procedure Code, 1908, Order 26, Rule 9, 10 -- Local Commissioner - At appellate stage - Purpose of appointing Commission is not to fill in lacuna or to find out some evidence in favour of one or the other party at any stage - Court can appoint Commission of its own or on an application of a party when Court is of opinion that such Commission is necessary to help it..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Perverse findings of fact - Interference with - Held, though, essential requirement for entertaining second appeal is involvement of substantial question of law, High Court while exercising its jurisdiction u/s 100 of CPC can interfere with findings of fact, if such findings recorded by trial Court are either not..........
