Civil Procedure Code, 1908, Order 41, Rule 31, 27 -- Judgment of First appellate Court - Points for determination not framed by first appellate Court - Even, application filed U.O.41.R.27 CPC not decided on merits and by leaving said application, first appellate Court pronounced judgment in first appeal - First appeal has been decided in an unsatisfactory manner - Judgment..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - Provision U.O.18.R.17 CPC cannot be invoked to empower either of parties to further examine or further cross-examine already examined witness - It is only Court which would put questions to witness - As such, core issue is satisfaction of trial Court that witness is required to be recalled to clarify on..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Liberty was reserved by High Court to plaintiffs to seek appropriate reliefs by filing a suit only after granting a patta and holding in favour of appellant - Therefore, question of reconsideration of those issues in suit did not arise at all - High Court was not right in raising said substantial questions of law -..........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Execution - Auction sale - Setting aside - Sale made without notice to judgment debtor is a nullity, as it divests judgment debtor of his right, title and interest in his property without an opportunity - Omission of service of notice on judgment debtor, would render void the action taken and the sale in pursuance thereof...........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Execution - Auction sale - Setting aside - Before depriving a judgment debtor of remedy U.O.21.R.90 CPC, it must be seen whether he had notice from executing Court and still acquiesced, by taking no action before date of sale, and if so, he would then be precluded from assailing its legality or correctness thereafter...........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Execution - Auction sale - Setting aside - JD failed to raise a material irregularity in the context of O.21.R.66(2)(a) CPC at the appropriate stage, i.e., with regard to sale of a part of property being sufficient to satisfy decree - It is not open to JD to now raise such a belated plea and blithely place burden on the..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action for the purpose of O.7.R.11 CPC has to be ascertained from the contents of plaint only...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for recovery of damages for defamation - Period of limitation u/art 75 of Limitation Act would not get extended after expiry of one year from date of publication of libel - Suit is not within limitation prescribed u/art 75 of Limitation Act - Plaintiff even if proves all..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 2 -- Execution - Payment of decretal amount out of Court - Application seeking certification of satisfaction of decree - Once DH admits his signatures on receipt acknowledging full and final payment, evidentiary burden stands duly discharged - Admission is the best evidence against maker and unless satisfactorily..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Amendment sought to include some properties - Plaintiff in a partition suit may not be aware of all properties sought to be partitioned of common ancestral properties and if during pendency of case, acquire such knowledge about some more properties that need to be partitioned or included..........
