Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Error which has to be detected by long drawn process of reasoning on points where there may be conceivably be two opinions, cannot be said to be error apparent on the face of record...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Power to review may not be exercised on the ground that decision was erroneous on merits as same would be the domain of Court of appeal...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - An error on the face of record must be such an error which, mere looking at the record should strike...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Dismissal of former suit on the ground of disappearance of cause of action cannot be operate as res judicata in subsequent suit, as judgment passed in former suit was not on merits...........
Civil Procedure Code, 1908, Order 21, Rule 85 -- Auction sale - Payment of balance amount - Statutory period has been prescribed for deposit of full amount of sale money as contemplated U.O.21.R.85 CPC - Discretion exercised by executing Court permitting auction purchaser to deposit amount beyond said period is uncalled for - Impugned order of allowing petitioners to pay..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by law - Vague averments are sought in the application that suit is not maintainable before civil Court, as land is an agricultural land, thus, no partition or sub division of land can be ordered - However, no provision of law by virtue of which present suit is alleged to be hit or barred has been..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Arbitration award - Objections u/s 47 CPC are not maintainable in proceedings for purposes of execution or enforceability of an arbitration award - But nonetheless objections raised by JD which do not touch upon merits of award or raise questions which cannot be raised u/s 34 of Arbitration and Conciliation..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Remand - Suit for possession and recovery of arrears of rent - Mere fact that additional issues relate to tenability of suit or regarding ownership were not decided though framed, cannot be ground for remand, particularly when lower appellate Court could have decided the same considering law and evidence on record...........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Remand - Points touching appreciation of evidence were not dealt with by trial Court, may not be proper ground for remand because first appellate Court is itself possessed of jurisdiction to enter into facts and appreciate evidence...........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Remand - Mere fact that certain authorities cited and relied upon by both the parties have not been considered and dealt with by trial Court, cannot be held as sufficient ground for remand of matter...........
