Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - In case of encroachment, it is always open to Court to appoint a commission to do local investigation - Commissioner shall examine alleged claim of parties based on document of title of both the parties...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Encroachment - An advocate commissioner can be appointed for local investigation as mere oral evidence would not aid either party to decide the issue of encroachment - Object of local investigation is to collect evidence at the instance of the party who relies on the same and which evidence cannot be..........
Civil Procedure Code, 1908, Order 8, Rule 6 -- Counter claim - Cannot be rejected merely on the ground that Court fee has not been paid, as Court fee can only be deposited if counter claim is taken on record...........
Civil Procedure Code, 1908, Section 107(2), Order 41, Rule 24 -- Powers of appellant Court - Appellate Court has jurisdiction to adjudicate the dispute and finally determine the issue raised in the suit and pronounce judgment, even if it was not decided by trial Court...........
Civil Procedure Code, 1908, Order 16, Rule 12 -- Failure of witness to appear despite service of summons - Court not to close evidence - Court to summon witness through bailable warrants...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Can be allowed when it appears to Court that evidence sought to be led is of such a nature that it is material and if substantiated, it would have a material effect on the case and secondly, the evidence sought to be led at the appellate stage could not have been led earlier at the..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Powers of appellate Court - It is for appellate Court to examine whether evidence sought to be led at the appellate stage is worthwhile for being permitted to be brought on record...........
Civil Procedure Code, 1908, Section 34 -- Interest - Recovery suit - Commercial transaction - S.34 CPC confers discretionary power upon Court to award interest at appropriate rate on the suit claim...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Hearing of appeal yet to commence - Application for adducing additional evidence can only be considered at the time of hearing of appeal - Lower appellate Court has not exercised its discretionary power in a judicial manner by considering said application before hearing of appeal -..........
Civil Procedure Code, 1908, Order 6, Rule 15 -- Non compliance of provision of O.6.R.15(4) - Order 6 does not provide for or envisages any consequences for non compliance of the provisions contained therein - Court is not empowered to dismiss a suit or reject a plaint for non compliance of the provision of O.6.R.15(4) CPC - Moreover, if there is any defect in the..........
