Civil Procedure Code, 1908, Section 100, Punjab Courts Act, 1918, Section 41 -- Second appeal - It is S.41 of Punjab Courts Act which governs second appeal in Punjab and Haryana High Court - As far as Punjab & Haryana High Court is concerned it need not to frame substantial question of law in second appeal - However, High Court cannot exercise jurisdiction de hors the..........
Civil Procedure Code, 1908, Order 22, Rule 3, 9 -- Death of plaintiff during pendency of appeal - Non substitution of L.R's - Dismissal of appeal as abated - Appeal can be revived for hearing only when (i) proposed L.R's file an application for substitution of their names, (ii) they apply for setting aside abatement, (iii) they file an application u/s 5 of Limitation Act..........
Civil Procedure Code, 1908, Order 20, Rule 12 -- Mesne profits - High Court reduced mesne profits on the ground that premises is residential, being used for residential purposes and construction is about 100 years old and report of approved valuer is with respect to commercial purposes and High Court did not at all considered market rate as per current potential of suit..........
Civil Procedure Code, 1908, Order 26, Rule 13, 14 -- Report of Court Commissioner - Partition suit - Commissioner had determined 1/6th share by demarcating four boundaries as per sale deeds, yet one area survey no. did not tally with that of sale deed - Since there is no clarification on that aspect, Court below rejected the report of Court Commissioner - Order rejecting..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Amendment sought to incorporate prayer of declaration in the suit - Plaintiff was fully aware of facts of case, however, he filed application for amendment after a delay of four years that too without adducing any sufficient or valid reason for such inordinate delay -..........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 9 -- Appointment of Advocate Commissioner - Parties to prove as to who is in possession of suit property - Possession of parties cannot be decided by Advocate Commissioner, even though defendant has given no objection for an appointment of Advocate Commissioner to note down physical features of suit property - Nature..........
Civil Procedure Code, 1908, Order 32, Rule 2 -- Minor - Suit filed without next friend - Appointment of next friend subsequent to filing of suit is not bad in law...........
Civil Procedure Code, 1908, Order 32, Rule 2 -- Minor - Suit filed without next friend - It is a curable irregularity - Minor can cure the defect by appointing a next friend seeking such prayer by filing a separate petition for the same and suit can be proceeded...........
Civil Procedure Code, 1908, Order 26, Rule 1 -- Local Commissioner to record cross-examination - Respondent is suffering from Lungs Cancer and is unable to appear in Court for her cross-examination - Mere fact that husband of respondent is an advocate, apprehension of petitioner that Local Commissioner may be influenced is wholly misconceived and ill-founded, particularly..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - In absence of prima facie case, if temporary injunction is granted in favour of plaintiff, then defendants will suffer such irreparable loss which cannot be compensated in terms of money...........
