Civil Procedure Code, 1908, Section 148, Order 9, Rule 8, 9 -- Suit - Dismissal for default - Restoration of - Plaintiff directed to pay all costs and produce evidence by next date otherwise suit would stand dismissed - On next date, adjournment sought by plaintiff on the ground of no, availability of counsel - Prayer for adjournment rejected and suit dismissed -..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Second appeal Court is not entitled to examine fact findings unless the same are perverse - What is perversity has not been detailed but the catena of judgments have held that perversity is a finding which is based on no evidence or a misreading of evidence or it is distorted from right and deviated from what is..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal - Plaintiff closed his evidence without reserving his right to adduce evidence on any of the issues, the burden of which was on the defendant - Defendant did not lead any evidence - Held, when right was not reserved by plaintiff to adduce evidence in rebuttal and when no evidence is adduced by defendant, it cannot be..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - On the ground that material used in building work and machinery etc. is taken away by defendant/Executive engineer - Evidence on record establish that plaintiff violated terms of contract - Even, plaintiff abandoned work without any rhyme or reason causing huge loss to State - Moreover, plaintiff..........
Civil Procedure Code, 1908, Section 100 -- Reappraisal of evidence - Suit for possession - Relying upon entry made in Jamabandi and other evidence, first appellate Court came to the conclusion that plaintiff was entitled to possession of this part of the land once he has alleged that possession was forcibly taken by defendants - Those findings are based upon correct..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Section 151 -- Eviction petition - Sub tenancy one of the grounds - Leading additional evidence to produce Income Tax Return and proof thereof by examining ITO to show that sub tenant is in possession of premises and is paying rent to tenant - Additional evidence can be led at the belated..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Eviction petition - Appellate stage - Amendment sought regarding details of property - Held, if petitioner thinks that details of property, as have been given by landlord are wrong, these facts can be rebutted by filing affidavit before appellate court - If such affidavit is filed, appellate..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Arbitration agreement alleged to be the result of fraud - Ad interim injunction restraining defendants from proceeding with the purported arbitration - When fraud is alleged in execution of the agreement containing an arbitration clause then remedy lies in the civil court - No question of rejection..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Perverse finding of fact - Interference with - Held, existence of substantial question of law is `sine-qua-non' for entertaining second appeal - But when first appellate Court reversed well-reasoned finding of fact recorded by trial Court which is based on evidence on record and pleadings of both parties and..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Appeal - Once application is allowed for adding additional evidence, due opportunity should be given to petitioner concerned to get documents marked in the way known to law - But if it is a public document and beyond controversy, straightaway, appellate Court can give marking and decide appeal...........
