Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Jurisdiction u/s 100 CPC is to be exercised only when Court is convinced that dispute involves substantial question of law and in the absence of same proceedings rendered as patently illegal...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Notwithstanding deletion of O.18.R.17-A CPC, Court has inherent powers to permit parties to lead additional evidence on such terms as may appear to be just...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration that plaintiff is co-owner of suit property - Plaintiff produced all payments receipts which proves the payment of money by him before sale deed - Defendant on the other hand not mentioned about payments made by him as alleged in written statement - Plaintiff rightly held to be co-owner of suit..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Suit for partition - Dismissed in default - Subsequent suit - Cause of action in a suit for partition is recurring one - Bar of O.9.R.9 or O.22.R.9 CPC is not applicable to subsequent suit for partition...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration and permanent injunction - Disputed abadi was sold by means of sale deed - DW6 admitted that there is a dilapidated structure on abadi which corroborates the recital in sale deed that Malwa existed over sold land - Site plan also corroborates description of Abadi given in sale deed - Courts..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Compromise - Refund of Court fee - Petitioner filed the suit for specific performance and permanent injunction - However, suit was compromised but plaintiff failed to establish the facts mentioned in compromise - Compromise could not be accepted - But prayer of withdrawal of suit deserve acceptance was..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - A replication is not a part of pleadings unless Court grants leave to present it, subject to such terms as it considers fit...........
Civil Procedure Code, 1908, Order 6, Rule 1 -- Pleadings - Non-denial by plaintiff of a plea raised in written statement cannot lead to an inference of admission by him...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Order granting injunction passed by trial Court without dealing with the issue involved in the case in detail and certain documents did not even form part of record of Court below - Though at the time of entertaining the application for temporary injunction, mini trial is not justified, however,..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Suit for cancellation of sale deed - Earlier suit for cancellation of sale deed before revenue Court was dismissed being not maintainable - Present suit before civil Court seeking relief for cancellation of sale deed is within jurisdiction of civil Court...........
