Civil Procedure Code, 1908, Section 151, Order 41, Rule 27 -- Additional evidence at appellate stage - Appeal decided without deciding application U.O.41.R.27 - Impugned judgment and decree set aside - Matter remitted for decision afresh in appeal alongwith application U.O.41.R.27 CPC...........
Civil Procedure Code, 1908, Section 92 -- Public trust - Leave to institute suit u/s 92 CPC - Non-issuance of notice to proposed defendant before granting leave to suit u/s 92 CPC will not render the suit invalid since an order granting leave to suit does not prejudice rights of proposed defendant in suit - Proposed defendant has opportunity to lead evidence and establish..........
Civil Procedure Code, 1908, Section 92 -- Leave to institute suit u/s 92 CPC - Public trust or private trust - Trust deed stipulates that proceeds of property of trust must be utilized for maintenance of temple - Income of trust is to be utilized for discharging Government revenue - Trust deed prohibits trustees from transferring any property of trust and further not to..........
Civil Procedure Code, 1908, Section 92 -- Public trust - Leave to institute suit u/s 92 CPC - Locus to file suit - Plaintiffs belong to family of Founder of Trust and used to visit the temple for darshan and pooja of deity - Moreover, trustee has ample opportunity to lead evidence to disprove the statement of plaintiff that they belong to family of founder of Trust -..........
Civil Procedure Code, 1908, Section 92 -- Public trust - Leave to institute suit u/s 92 CPC - Trustees contended that trust deeds provided that if there is any dispute in respect to trust same may be referred to five panchas of Panchyat - Contention rejected firstly on the ground that dispute is not concerning about trustees rather allegations is of mismanagement of trust..........
Civil Procedure Code, 1908, Section 92 -- Public trust - Leave to institute suit u/s 92 CPC - Mismanagement of trust property by trustees - Averments in plaint disclose that proceeds of trust are being utilized by trustees for their personal use which is prohibited in trust deed - Temple is in a dilapidated condition and proceeds of property are not utilized for repair of..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction and possession - Concurrent findings of two Courts partly decreeing suit of plaintiff - Courts below have considered the evidence and have affirmed the findings and Court in second appeal is not inclined to disturb the same merely on the asking of defendants even though another view..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Condonation of delay - As per Supreme Court Order period of 15.03.2021 to 14.03.2021 to be excluded while calculating limitation period in light of COVID pandemic - Period of limitation of 90 days not expired prior to 15.03.2021 - Appeal filed on 25.01.2021 which is within period excluded by Supreme Courts order -..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Existence of substantial question of law and judgment which revolves around answering substantial questions of law are not mere formalities - They are meant to be adhered to...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Non-framing of substantial question of law - Concurrent findings of two Courts below - When two Courts have concurred on appreciation of evidence and High Court has not borne in mind any substantial question of law, High Court clearly erred in reversing concurrent findings of Courts - Order of High Court set aside...........
