Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-disclosure of cause of action - Suit for permanent injunction - Plaintiffs have claimed themselves to be co-owner and to be in possession of a portion of property with a further assertion that defendants are trying to dispossess them of same illegally - Plaint thus, shows a cause of action as claimed..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Eviction decree - Objection by BDA (Bangalore Development Authority) - DH after a period of approximately 17 years and after vesting of suit property in favour of BDA, entered into lease agreement with JD - BDA has become absolute owner of suit property - When BDA claims right, title or interest in suit property,..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Such application should contain the list of documents giving full particulars thereof and copies sought to be filed as additional evidence should be served on the other side...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Dismissal of main appeal without deciding application for additional evidence would result in miscarriage of justice...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - If appellant makes out a case for allowing application, material produced along with the application has to be considered at the time of final disposal of appeal in accordance with law...........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Suit for cancellation of sale deed - Agricultural land - Where a suit for cancellation of sale deed in respect of an agricultural property does not require any declaration of rights, same is cognizable by Civil Court but where cancellation would involve declaration of rights, then such a suit for..........
Civil Procedure Code, 1908, Section 100, Order 14, Rule 1 -- Issue - Issue of jurisdiction regarding maintainability of suit decided against defendants and they did not file any cross appeal or raise any objection regarding same - Said issue cannot be taken in second appeal, as same would be a mixed question of law and fact...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - To know the existing position at spot - Does not amount to collecting evidence on behalf of plaintiff - Order appointing Local Commissioner calls for no interference...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Commercial suit - Written statement not filed within prescribed period - Written statement filed after ex parte order was set aside - Application filed by plaintiff to strike off defence decided subsequently - There is no provision that written statement, if already filed, must be struck off from the record..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad-interim injunction - Necessary ingredients for grant of ad-interim injunction are not found by Courts below especially with regard to balance of convenience being in favour of defendant/counter claimant - Loss if any which may be suffered by defendant can certainly be calculated in terms of money - Discretionary..........
