Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - To note down physical features - A further clarity would be obtained to localize the suit property with boundaries and by doing so no prejudice would be caused to parties...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 8, Rule 6A -- Rejection of counter claim - Counter claim filed much after framing of issues as well as filing of additional written statement - Allowing counter claim would relate back to date of filing of dispute and date of impleadment of petitioners as opponent in dispute application i.e in..........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking of defence - Non-deposit of rent - On failure to deposit rent during pendency of suit on a monthly basis, there could be no escape from consequences or rigour of O.15.R.5(1) CPC...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Provision of review is not to scrutinize correctness of decision rendered rather to correct error, if any, which is visible on the face of order/record without going into as to whether there is possibility of another opinion different from one expressed...........
Civil Procedure Code, 1908, Section 35 -- Costs - Frivolous litigation - Once basis for which suit was filed was non-existent in favour of plaintiff and prima facie litigation was due to personal dispute, imposition of costs by Court cannot be treated as arbitrary, illegal or perverse or without any jurisdiction...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint sought at the stage when arguments were heard in part - Amendment declined merely on the ground of delay - Court below should have adjudicated the amendment keeping in view the fact as to whether amendment is necessary to decide real question in controversy and also whether proposed amendment if allowed..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - While dealing with an amendment application Court should not go into merit of claim made in proposed amendment...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - By way of amendment relief of possession sought as plaintiffs were dispossessed during pendency of suit - Whether plaintiffs were evicted during pendency of proceedings or prior to filing of suit or whether relief claimed is barred by limitation or not, to be determined during trial - Amendment..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Questions regarding truthfulness and validity of agreement in question or whether entire consideration was paid or not and plaintiff is having possession or not on alleged agreement land, could be decided after evidence - Therefore, interest of plaintiff in pending..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of jurisdiction of civil Court - Suit property is residential Bada used by plaintiff for the purpose of his residence - Subject land is not agricultural in nature so as to bar jurisdiction of civil Court - Application rightly dismissed...........
