Civil Procedure Code, 1908, Order 14, Rule 1, 2, Civil Procedure Code, 1908, Order 18, Rule 17 -- Framing of additional issues - Waiver of - At the time of framing of issues trial court specifically recorded that no other issues are pressed or claimed - If any other issue arises the same is waived - Application for framing additional issues and for leading additional..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Application dismissed - Revision petition thereagainst under Article 227 Constitution of India - Held, revision petition is not maintainable against the order, whereby an application for appointment of Local Commissioner is dismissed...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Validity of final order passed in revision can be questioned in second appeal and principles of res judicata would not apply...........
Civil Procedure Code, 1908, Order 3, 29, 3 -- Vakalatnama - Defective vakalatnama is liable to be returned - Defects routinely found in Vakalatnamas are : (a) Failure to mention the name/s of the person/s executing the Vakalatnama, and leaving the relevant column blank; (b) Failure to disclose the name, designation or authority of the person executing the Vakalatnama on..........
Civil Procedure Code, 1908, Section 115, Order 14, Rule 1 -- Issues - Recasting of an issue - Application rejected - No prejudice caused to any of the party - Order does not amount to case decided - Revision dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plea that ad valorem Court fee is payable - Suit for declaration that plaintiff alongwith defendants No.1 to 3 are owners in joint possession - Plaintiff claiming relief of declaration and injunction on the basis of existing title - Trial Court dismissed the application by holding that it is a mixed..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Trial Court dismissed application - Appellate Court set aside exparte decree - High Court in revision set aside the order of appellate Court and restored the exparte decree - Held, High Court in revision can interfere only when order of appellate Court is perverse and arbitrary - No such..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary mandatory injunction - Possession delivered in execution of decree - High Court in revision passed an interim order directing D.H. to redeliver possession to J.D. - As possession is delivered in execution of decree as such there is no question to pass interim mandatory injunction directing D.H. to redeliver..........
Civil Procedure Code, 1908, Order 8, Rule 6-A, Court Fees Act, 1870, Section 7 -- Counter claim - Question of valuation of suit property, payment of Court fee and pecuniary jurisdiction of trial Court to try the counter claim - All these issues decided in favour of defendant - Revisional Court erred in law in dismissing the revision by holding it as not maintainable -..........
Criminal Procedure Code, 1973, Section 133 -- Nuisance - Order passed by SDM in proceedings u/s 133 of the Code - Held, if the affected party has grievance qua the validity of the order passed u/s 133 of the Code, he may take recourse to the remedy available to him in the form of an appeal or revision - Aggrieved party cannot validly file a civil suit against the order..........
