Civil Procedure Code, 1908, Section 114 -- Review - Application for review filed after 56 years cannot be allowed, as one can find no error apparent after 50 years for Court to exercise jurisdiction of review - Review application rightly dismissed...........
Civil Procedure Code, 1908, Section 47 -- Execution - Decree for injunction - Executing Court directing parties not to change nature of suit property or to excavate any soil or clay from it - Said direction is completely contrary to decree of injunction put under execution - Executing Court is not meant for nullifying decree rather to oversee that decree is carried out,..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - For ascertaining age of apple plants - Possession of plaintiff over suit land is not disputed - Since possession of plaintiff over suit land is not in dispute, then obviously no purpose is going to be served by appointing a Local Commissioner for ascertaining the age of apple plants - Moreover, age of..........
Civil Procedure Code, 1908, Section 151, Order 11, Rule 12 -- Production of documents - Eviction petition - Summoning of 9 documents - Except map of rented property, all other documents not relevant for the purpose of deciding the controversy - Order summoning one document, upheld...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Civil Engineer as Commissioner - Report of two advocate Commissioners are already on record and against which no objection was raised by any of the parties - Application for appointment of Civil Engineer as Commissioner rightly rejected...........
Civil Procedure Code, 1908, Order 47, Rule 1, Civil Procedure Code, 1908, Order 41, Rule 19 -- Reviewing/recalling of order dismissing second appeal - Second appeal dismissed in absence of counsel for defendants - Even, incorrect facts were brought before Court on behalf of plaintiff with regard to maintainability of second appeal - There is error apparent on face of..........
Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Late production of documents - Eviction suit - Documents in question were not placed on record by tenant at the time when he filed his response to eviction proceedings or during course of leading evidence - Tenant failed to demonstrate that despite due diligence he could not produce said documents on record earlier -..........
Civil Procedure Code, 1908, Order 9, Rule 6, Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Non appearance of wife in the proceedings - Not always necessarily entail that an ex parte decree would follow - If evidence adduced does not support claim of petitioner, Court cannot pass an ex parte decree - There is an obligation on the..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - No effort made to lead additional evidence for the last more than 3 years through being aware of the execution of documents - Moreover bringing on record the document will not help the case of plaintiff in any manner as these documents are not relevant to decide the controversy between the parties -..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession by way of mandatory injunction - Defendants themselves admitted that they are in permissive possession of suit property, as plaintiff permitted mother of defendants to use house in question to facilitate marriage of her two daughters - Moreover, concurrent findings of two Courts below on record..........
