Civil Procedure Code, 1908, Order 26, Rule 10, 12, 14 -- Distinction between Order 26.Rr.10, 12 & 14 - While Commissioner contemplated U.O.26.Rr.10,12 are those appointed during the trial of suit whereas Commissioner U.O.26.R.14 is one appointed after passing a preliminary decree in partition...........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Additional issues - O.14.R.5 CPC empowers Court to frame an issue not only on basis of plaint and written statement but also on basis of material before it after examination U.O.10.R.2 CPC and after hearing parties and their pleaders and thereupon proceed to frame and record issue on which right decision of case appears to..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Framing of an issue - An issue can be framed on admitted fact, if considered necessary by Court and therefore even in absence of replication issue can be framed...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Framing of an issue - At the time of consideration U.O.14.R.1 CPC for framing issues, pleadings are to be seen only and filing or no, filing of affidavit in support of pleadings which is independent of pleadings is not material as it is curable technical defect...........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issues - Plaintiff sought framing additional issues with respect to Will propounded by defendant - There are two Wills, one is relied by plaintiff and another by defendant - Therefore, both are denying right of each other put-forth on basis of respective Will relied by opposite party - For that purpose..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14 -- Rent and eviction - Bonafide requirement - Non-residential premises - As per amending Act landlady/landlord is well within his/her right to seek eviction of tenant from non-residential premises as amending Act has been held to be in retrospective operation...........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14(3)(c) -- Rent and eviction - Landlord with view to avail benefit of S.14(3)(c) of the Act, is only required to show that he/she requires building bonafidely for demolition and reconstruction...........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14(3)(c) -- Rent and eviction - Requirement of having a duly sanctioned plan - Not a condition precedent for maintaining eviction petition...........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14(3)(c) -- Rent and eviction - Reconstruction or re-building - Condition of building is good - Still if landlord considers it to be unsuitable for him/her, he/she can seek eviction on the ground of re-construction or re-building...........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14(3)(c) -- Rent and eviction - Age and condition of building - Not material...........
