Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Non-deposit of rent - Power to strike off defence is not to be exercised by treating it to be a statutory mandate - It is thus, not obligatory for Court in every case to strike off defence because of some delay in deposit of admitted rent - Judge of Small Cause Court held, justified in rejecting..........
Civil Procedure Code, 1908, Section 100, 34 -- Second appeal - Issue of S.34 CPC with regards to determination and remittance of interest will not come into play in second appeal...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Claim of damages - Trial Court declined to grant a decree for payment of damages as prayed by plaintiff - Said denial of payment of damages has never been subjected to challenge by plaintiff - Plaintiff ought to have questioned such denial of payment of damages by filing an independent appeal - Having not done so,..........
Civil Procedure Code, 1908, Section 115, Order 26, Rule 9 -- Dismissal of application U.O.26.R.9 CPC not on merit but taking a pedantic view - Court has exercised its jurisdiction illegally and with material irregularity - Revision lies against such order in view of S.115 CPC (As in U.P.)...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - Encroachment - No agreed map between parties - Order allowing application, upheld...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - Power U.O.26.R.9 CPC to appoint commissioner is discretionary - If discretion has been exercised by Court, it cannot be said that Court has committed error of jurisdiction by allowing application O.26.R.9 CPC...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants (first set) from running brick kiln business over suit property - Property in question was joint property of plaintiffs and defendants (second set) - Lease which is alleged to have been executed by defendants (second set) in favour of defendants (first set) to the extent of..........
Civil Procedure Code, 1908, Section 92 -- Temple - Public or private - Determination - Temple is being administered by public, that new poojas and festivals are being conducted by them in temple - Public have renovated the temple and constructed buildings without involvement of family of plaintiff No.2 - Merely because a document is not executed by plaintiff No.2 and his..........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Marking of document - Once document is ordered to be taken on record, trial Court has erred in not marking said document as exhibit...........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Request to reserve right of rebuttal evidence - If any party is desirous to produce evidence in rebuttal, if required so, then trial Court is required to allow that party to produce evidence in rebuttal in facts and circumstances of each case - Trial Court wrongly refused to reserve the right to produce..........
