Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Issue regarding Will and lease deed is not framed in earlier suit - Since matter relating to Will and subsequent lease deed is not directly and substantially in issue before Court in earlier suit, subsequent suit filed by plaintiff is not barred by S.10 CPC - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner at the stage of second appeal - Boundary dispute - Report of earlier Local Commissioner vague and contrary - Local Commissioner could have been appointed by High Court but as it will cause denial to parties to their right to assail report or findings returned on basis of such report as such..........
Evidence Act, 1872, Section 137, 138 -- Cross-examination - If a witness is not cross-examined, statement of witness has to be taken to be admitted. 2016(2) Apex Court Judgments 372 (S.C.) : 2016(2) Civil Court Cases 646 (S.C.) followed...........
Civil Procedure Code, 1908, Section 151 -- Consolidation of suits - Court has power u/s 151 CPC to order consolidation of suits for practical reasons and for convenience of Courts and also to prevent multiplicity of proceedings, conflicting judgments, expenses and delay - It helps prevent rendering different judgments...........
Civil Procedure Code, 1908, Section 151 -- Consolidation of suits - When cause of action and issues raised in two or more suits are similar, Courts can exercise power u/s 151 CPC to consolidate suits...........
Civil Procedure Code, 1908, Order 43, Rule 1(c), (d) -- Appeal - When there is conditional order allowing an application either U.O.9.R.9 or U.O.9.R.13 CPC with a default clause of rejection of application, it would squarely come under either of O.43.R.1(c) or O.43.R.1(d) CPC - Order is thus, appealable...........
Civil Procedure Code, 1908, Section 24 -- Matrimonial dispute - Transfer of petition - When a transfer is sought by wife in consideration of her convenience, that request shall ordinarily be allowed by Court...........
Civil Procedure Code, 1908, Section 92 -- Suit for permanent injunction by Public Charitable Trust - Leave of Court to file suit u/s 92 CPC - S.92 CPC is not applicable to such a suit as suit does not relate to removal of a trustee, appointment of a trustee, direction to a trustee, account and enquiries of the trust, usage of the trust property for a particular purpose,..........
Civil Procedure Code, 1908, Order 21, Rule 26 -- Stay of execution - Execution proceedings are being subsisting for over 18 years - DH is not being able to enjoy the fruits of litigation on account of inordinate delay caused during process of execution of decree - Application for stay of execution rightly rejected...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from selling properties allegedly bequeathed to him by father of defendants through unregistered Will - Finding on prima facie case recorded by trial Court while allowing application is not supported by any material on record - Trial Court has put negative burden upon defendant..........
