Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution -Third party objections - Objections were rejected ex parte, as petitioner was not present on the date when objections were heard - Recall application filed by petitioner was also dismissed without considering the grounds on which it was filed - Since, reasons for non-appearance were adequately explained by..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of defendant no.4 for further cross examine qua documents - Documents in question have been exhibited subsequent to completion of cross-examination of defendant no.4 - Plaintiff did not get opportunity to cross examine defendant no.4 on these documentary evidence - Principle of natural justice demands that plaintiff..........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Additional issues - Once additional issues had been specifically framed before trial Court, it was incumbent upon trial Court to have returned the findings on all the issues whether framed originally or additional issues, particularly when evidence has been led on all the issues by parties...........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition suit - Preliminary decree - Challenged by third party - Appellant's name is recorded to record of rights of suit property - He was not made party to suit and in his absence, said property cannot be partitioned - It is patent illegality in the impugned judgments and decrees of both the Courts - As regarding defence..........
Civil Procedure Code, 1908, Order 13, Rule 1, 4 -- Power of attorney - Production and proof - Power of attorney executed by wife in favour of husband and husband appeared as PW1 being power of attorney of plaintiff with a specific stipulation in this regard in his affidavit of examination-in-chief - There was no cross examination conducted on this point - In such..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Remand - Where evidence on record is sufficient, Court of appeal would decide the issue on merits and should avoid an order of remand as the same gives longevity to litigation...........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Production of documents - Documents sought to be produced is the affidavit in evidence of respondent's son in another trial - However, necessary pleading is not available in the plaint with regard to affidavit in evidence or contents thereof - Petitioner can use the evidence on affidavit during course of cross-examination..........
Civil Procedure Code, 1908, Section 151 -- Amalgamation of two suits or two suits be tried together - One suit is at the stage of final arguments and other suit is pending at the stage of evidence of defendants - Both the suits be tried by the same Court without amalgamation - Suit pending at the stage of final arguments be decided preferably within a month from the date..........
Evidence Act, 1872, Section 108 -- Presumption of death - Missing person - Son of petitioner was missing in the year 2005 - Since then whereabouts are not known - It is thus, left open for petitioner to file civil suit in terms of S.108 of the Act and S.34 of Specific Relief Act and obtain necessary orders from the competent civil Court in accordance with law...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Second appeal does not lie on the ground of erroneous findings of fact based on an appreciation of relevant evidence - Existence of a substantial question of law is a condition precedent for entertaining the second appeal...........
