Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - At the appellate stage - Appointment of Commissioner is necessary for measurement, existence of disputed portion and its accurate position and it will also facilitate to resolve controversy involved - Petitioners made sufficient attempts in trial Court - There is no legal impediment for..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Neither plaintiff nor defendant had taken any step for appointment of advocate Commissioner with the help of Surveyor to inspect plaintiff's property to verify as to whether 2nd scheduled property lies within 1st scheduled property - That is primarily necessary for correct disposal..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner for demarcation of suit land - Plaintiff had sought amendment in the suit on the ground that during pendency of suit certain part of suit land stood encroached by defendant - This presupposes that plaintiff was aware of his boundaries and only thereafter he levelled allegations against..........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10 -- Impleadment of a party - Allotment of plot - Petitioner is residing nearby areas which is sought to be allotted to plaintiff - There is road between the house of petitioner and the plot in question - Therefore, there is no question of any obstruction of ventilation and light in the house of petitioner - Moreover,..........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - While adjudicating a transfer petition initiated by wife in the context of a matrimonial dispute, Court must take into account a comprehensive array of following factors:- (a) Economic condition and earning capacity of parties, i.e. husband and wife; (b) Social standing of wife and her dependency on..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Finding in civil suit that cheque in question is not supported by consideration - Judgment was delivered after taking into account the conviction u/s 138 of the Act - Judgment of civil court has become final - Judgment of civil court becomes relevant u/s 43 of Evidence Act - Conviction and sentence set..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- First Appellate Court to decide the appeal in accordance with mandatory procedure contained in O.41.R.31 CPC - Non compliance of it renders the judgment bad in law...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Time barred suit - Reasons for delay in filing suit averred in plaint - Whether such reasons for delay in filing suit are correct/plausible or valid can only be decided after parties lead evidence - The same cannot be decided in an application filed U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit filed through power of attorney - Suit whether maintainable in terms of law and whether power of attorney holder has a locus standi to prefer the suit - Cannot be decided in an application filed U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Section 96, Succession Act, 1925, Section 299 -- Probate proceedings - Interlocutory order passed in proceedings for grant of probate or Letters of Administration - Does not conclusively determines the rights of parties - Not a decree - Appeal thereagainst does not lie...........
