Civil Procedure Code, 1908, Section 151, Order 26, Rule 9 -- Appointment of Advocate Commissioner - Measurement of land within boundaries of plot - Court below dismissed the application for appointment of advocate Commissioner after consideration of evidence and material on record - This Court is not inclined to differ with order passed by Court below - However, defendant..........
Civil Procedure Code, 1908, Section 151, Order 13, Rule 4 -- De-exhibiting of document - There is no provision for de-exhibiting a document which is already exhibited - However, mere fact that a document is exhibited does not mean that it has to be read in evidence or in other words it has 100% evidentiary value...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 2A -- Violation of injunction order - Three conditions must be satisfied for invoking power U.O.39.R.2-A CPC viz. : (i) there should be order of injunction; (ii) other party has knowledge about injunction order and: (iii) said injunction order is violated or disobeyed...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 2A -- Violation of temporary injunction order - Proceedings U.O.39.R.2-A CPC are akin to contempt proceedings and are quasi criminal in nature - Higher degree of proof is required for holding guilty of violating order of temporary injunction...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 2A -- Violation of temporary injunction order - Trial Court holding defendant guilty of violating order of temporary injunction - However, order bereft of any reasoning and there is no discussion regarding material on the basis of which trial Court reached to the conclusion - As higher degree of proof is required for..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Police aid - Grant of police aid during pendency of application to set aside ex parte order - Court to first decide application to set aside ex parte order before embarking upon deciding police aid application - Impugned order set aside - Court to decide application to set aside ex parte..........
Civil Procedure Code, 1908, Section 151 -- Restoration of possession - Malice in law - Trial Court passed temporary injunction order restraining State from disturbing peaceful possession of plaintiff over suit property but the same was set aside in appeal - State took undue advantage of Appellate order and barricaded suit property and also prepared certificate of..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Recall of a witness - DW6 being son of scribe already identified signature and handwriting of his father on Will in question - Will in question which is otherwise to be proved u/s 63 of Succession Act, cannot be exhibited through DW6, especially being a photocopy - Rather, defendant himself should have tendered..........
Civil Procedure Code, 1908, Section 151 -- Recall of PW1 to mark documents at the stage when case was fixed for arguments - Held, petitioner cannot be allowed to seek reopening of his evidence to recall PW1 for the purpose of marking the documents produced by him or ask the Court to direct defendant to produce a document, which he did not admit to be in existence...........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 1 -- Restoration/revival of execution petition - Execution petition dismissed for no, prosecution - Application u/s 151 CPC filed for taking up previous file - Evidence available on file establishes that first execution petition was restored - Application for restoration/revival of execution petition cannot be treated..........
