Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within statutory period - Striking off defence - Sufficient opportunities were granted by trial Court to defendant to file its written statement - However, defendant chose not to appear before trial Court - Though defence of defendant rightly struck off by trial Court, but since defendant is a..........
Civil Procedure Code, 1908, Order 7, Rule 11, Punjab Land Revenue Act, 1887, Section 158 -- Rejection of plaint - Dismissal of application - Suit for declaration of title - Jurisdiction of civil Court - Title can only be decided by a Civil Court - Trial Court justified in concluding that jurisdiction of civil Court was not barred - Moreover, plea of limitation would be a..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from alienating suit property - Civil Court has power to issue injunction even when S.52 TPA protects the interest of complaining party by providing hat an alienation lis pendens shall be subject to the result of suit...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree against wife - Setting aside - Wife received the summons of divorce proceedings and also filed reply under her own thumb impressions - She consciously signed agreement for divorce by mutual consent whereafter notices of divorce were served upon wife - Wife cannot now be permitted to change her stance..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Concurrent findings of fact recorded by Courts below that plaintiff failed to show his ownership and possession over plot in question - Finding of fact is based on proper appreciation of evidence on record - Plaintiff rightly not entitled to decree for permanent injunction - Second..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Advocate Commissioner - To collect evidence - Not sustainable in law - Appointment of Advocate Commissioner sought after three years of filing of written statement which clearly indicates intention of plaintiff to protract the proceedings - Order appointing Local Commissioner, set aside...........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of plaint - Amendment sought will enable a comprehensive adjudication - There will be no change in nature of suit - Evidence yet to begin and trial is at initial stage only - Amendment allowed...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Error which is not self evident and has to be detected by a process of reasoning cannot be described as an error apparent on the face of record, justifying Court to exercise its power of review...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Fresh and additional material cannot be pressed into service to seek a review of an order - Nor can a petitioner seek in a review, same relief which had been sought at the time of arguing of main matter and which had been rejected...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Minor mistakes of inconsequential importance are insufficient to seek review - Only when circumstances of a substantial and compelling character make it necessary to do so that review can be sought...........
