Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Plaintiffs have been in permissive possession of at least one shop since 2012 and were also found in possession by Local Commissioner - Simply because plaintiffs have filed suit on the basis of an oral agreement of sale, prima facie assessment of merit of such claim of plaintiffs could not have..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - For the purposes of deciding an application U.O.7.R.11 CPC, only the contents of the plaint and at the best the documents attached with plaint are to be gone into...........
Civil Procedure Code, 1908, Order 7, Rule 11, Court Fees Act, 1870, Section 7 -- Rejection of plaint - Deficient Court fee - Suit for cancellation of transfer deed - Where a suit was filed for cancellation of transfer deed on the ground of fraud and no consideration was shown in the said deed, plaintiff would not be required to pay ad valorem Court fee...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Set aside subject to furnishing bank guarantee - Ex parte decree set aside by holding that no summons had ever been received by the defendant - Condition so imposed is completely unsustainable, hence set aside...........
Civil Procedure Code, 1908, Order 16, Rule 1(2) -- Summoning of witness - Proposed evidence would not throw light on the principal issue at dispute as it is only to shake the credibility of witnesses with reference to presence or absence of another person at the time of transaction - Proposed evidence is immaterial and inconsequential to decide the issue - Application..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Commencement of trial - Trial commences only when first witness enters the witness box and confirms the contents and signature etc. in its evidence in affidavit...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Commencement of trial - No witness has yet been examined - Findings of trial Court that amendment cannot be allowed, as same was filed after commencement of trial not sustainable - Observation of trial Court that pleadings in plaint sufficient to determine the question in controversy is without any basis..........
Civil Procedure Code, 1908, Order 13, Rule 1(3) -- Cross examination of the witness - Provision of O.13.R.1(3) CPC would apply when witness of the party is being cross examined and not when the party i.e. plaintiff or defendant, as the case may be, is being cross examined. (2014(Suppl.) Civil Court Cases 311 (Rajasthan) followed...........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issues - Suit was filed in the year 2011 and issues were framed after hearing of parties - No new/additional issue can be framed now, as Court has already framed the issues pertaining to all relevant aspects of case, documents and pleading of parties - Application filed only to prolong and delay the..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of intervenor - Suit for specific performance - Respondent purchased the share of defendant and got valid and legal title of suit property - He is thus, a necessary and proper party to suit - Application for impleadment of respondent rightly allowed...........
