Civil Procedure Code, 1908, Order 3, Rule 2 -- Power of attorney holder - There is no complete bar in the power of attorney deposing on behalf of plaintiff - Power of attorney holder who has personal knowledge of facts and of transaction, is competent to depose on these aspects on behalf of the principal...........
Civil Procedure Code, 1908, Order 8, Rule 5, Evidence Act, 1872, Section 58 -- Absence of specific denial of fact - Said fact shall be taken to be admitted - Admission itself being proof, no other proof is necessary...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Impleadment of subsequent agreement holder - Plaintiff opposed to such application - Plaintiff who is dominus litis, cannot be forced to add parties against whom he does not want to fight unless there is a compulsion of rule of law - Application rightly dismissed...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Re-appreciation of evidence is not permissible in second appeal unless and until there is some illegality or perversity in findings of impugned judgment...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Question of law - Inadequacy of evidence or different reading of evidence is not a perversity nor any wrong findings of fact by itself constitutes a question of law...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession and permanent injunction - Concurrent findings of two Courts below that suit property is in possession of defendant since 1983 whereas suit was led on 2010 - Said findings cannot be said to be perverse - Suit rightly dismissed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Order to issue notice to the other side - Writ petition against such an order which issues notice to the other side without taking a decision either to grant or refuse the prayer contained in the application - Such order not amenable to writ jurisdiction of High Court...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - To grant or not to grant - It is discretionary power of Court - There is no right that inheres, in any party, to interim injunction - Superior Court may interfere, if Court acts arbitrarily or illegally or irregularly exercise its jurisdiction...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Recovery suit - Proposed defendant was not a party to transaction in question between plaintiff and defendant - No privity of contract between plaintiff and proposed defendant - Proposed defendant cannot be construed to be a necessary party...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - For deciding application, allegations in plaint alone have to be looked into for the purpose of either entertaining suit or rejection of plaint...........
