Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Both the parties had placed reliance on demarcation reports obtained by them - Demarcation report as produced by plaintiff not found convincing - As regarding demarcation report submitted by defendant clearly spells out mode and manner in which measurements were carried out by..........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit - Dismissed in default - Condonation of delay - Reasons given by appellant for her non-appearance and delay are bona fide and constitute sufficient cause - Trial Court has erred in rejecting restoration application on technical grounds, thereby depriving appellant of an..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of First Appellate Court - First Appellate Court has considered each and every aspect of the matter and dealt with arguments as well as evidence available on record in detail and only thereafter had held that there was no ground to interfere in the judgment and decree - In such nature of decision having been passed..........
Civil Procedure Code, 1908, Section 38, 39 -- Execution - Jurisdiction of Court - Where property is situated, execution proceedings will lie at that particular place anywhere in India...........
Civil Procedure Code, 1908, Order 21, Rule 43 -- Execution - Attachment of bank account - Bank account of Judgment Debtor cannot be attached anywhere by way of digital banking - First of all it is to be seen that where the property of JD is situated...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - After commencement of trial - Explanation that facts were inadvertently missed out or not noted by the counsel is too general and cannot be accepted as sufficient compliance with statutory requirement of due diligence...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Suit for specific performance - Proposed amendment attempt to alter the very character of transaction from an agreement to sell into a transaction of loan, by introducing a new context that agreement was executed only as a security to such a loan - It completely changes the foundation of the..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Defendant is not admitting the main relief of specific performance as sought by plaintiff - Though he is ready to refund back the earnest money along with interest - Trial Court is not bound to pass a decree in respect of only alternative prayer only - It is open for Court either to grant main relief..........
Civil Procedure Code, 1908, Order 7, Rule 11, Court Fees Act, 1870, Section 7 -- Rejection of plaint - Deficient Court fee - Plea that land sold exceeded what was agreed or that consideration was not paid are questions of fact, to be adjudicated in trial proceedings after proper pleadings and evidence - Those contentions do not affect legal requirement of affixing proper..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - When there is no contra evidence to rebut claim made by plaintiff seeking temporary injunction, no interference warranted in impugned order of granting temporary injunction...........
