Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Defendant seeking injunction restraining plaintiff from interfering with his possession - Appellate Court referred all the documents relied upon by plaintiffs - However, there is absolutely no reasoning as to how those documents displaced sale deed executed in favour of defendant - Appellate Court..........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Merely because a particular evidence which ought to have been adduced but had not been adduced, Appellate Court cannot remand the suit...........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Necessary requirement for remand U.O.41.R.23-A CPC is that decree is reversed in appeal and a re-trial is considered necessary - Reversal has to be based on cogent reasons and for that matter, adverting to and dealing with reasons that had prevailed with trial Court remains a sine qua non...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from further developing suit property - By not pressing the application for two years plaintiff virtually permitted construction of almost the entire building - Third party rights were already created by completing substantial construction of the building - Rights created in..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Additional written statement - Contradictory stand has been taken by defendant in proposed additional written statement than what was pleaded in earlier written statement - Application rightly rejected...........
Civil Procedure Code, 1908, Order 21, Rule 26 -- Stay of execution - Eviction decree - Appeal against eviction decree was listed for final arguments - Ends of justice would be met in case execution of order of ejectment passed by Rent Controller is stayed till decision of appeal - Execution petition stayed...........
Civil Procedure Code, 1908, Section 148, Specific Relief Act, 1963, Section 28 -- Decree of specific performance - Extension of time to deposit balance sale consideration - Delay of 853 days in filing application - No sufficient explanation given for delay in filing application for extension of time - Nothing on record to show that in between any notice was given to..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Absence due to fever and sickness of nephew - Restoration application filed immediately - Medical evidence - It is highly unlikely to expect a medical record for each illness which incapacitate the party from appearing on a given day, particularly when bona fide of the party is..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Plaintiff absent for one day and litigation stood stalled for a period of 10 years in trial Court - Reason for absence is due to fever and sickness of nephew of plaintiff - Restoration application filed immediately along with evidence affidavit - Application for restoration allowed..........
Civil Procedure Code, 1908, Order 9, Rule 9, Civil Procedure Code, 1908, Order 9, Rule 13 -- Applications for restoration of suit and setting aside ex parte decree - Guidelines issued to avoid delay in disposal of said applications: (i) At Numbering Stage- Such petitions shall be checked and numbered within a period of three (3) days; (ii) At Notice Stage- After..........
