Civil Procedure Code, 1908, Section 100, 96 -- Clubbing of first and second appeal - Second appeal and first appeal arising out of two suits between same parties and same property, could not have been clubbed as nature of consideration in both the appeals were entirely different - Impugned judgment set aside - Matter remitted - Both the appeal be delinked from each other..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of judgment or decree during pendency of appeal - First appeal is sub judice and during pendency thereof if decree is executed and petitioner is dispossessed from suit property or title is transferred to plaintiff, same would cause irreversible and irreparable damage qua rights of defendant - Defendant has all throughout..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Inconsistent averments in plaint - Not sufficient to come to conclusion that cause of action is not disclosed in plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - For deciding application only averments made in plaint and documents produced along with the plaint are required to be seen - Defence of defendants cannot be looked into...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Service of summons - In the absence of summons/affixation/munadi having been made as per procedure prescribed, it cannot be said that defendant stood duly served...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Application U.O.9.R.13 CPC is maintainable on behalf of minors even if they are not represented through next friend or duly appointed guardian...........
Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Late production of documents - Documents sought to be produced not filed alongwith written statement as it was misplaced and was traced out recently - Lenient view should be taken when an application is made for production of documents U.O.8.R.1-A(3) CPC - Application rightly allowed...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - Demarcation of boundaries - When there is already survey conducted and boundaries were fixed on basis of Tippon in presence of defendants, there is no necessity for appointment of Advocate Commissioner for demarcating boundaries and noting physical features of suit property - Application..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Only averments made in the plaint can be considered or looked into while deciding an application for rejection of plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Only averments made in the plaint can be considered or looked into while deciding an application for rejection of plaint...........
