Civil Procedure Code, 1908, Section 100 -- Second appeal - Court is not expected to reassess entire evidence as if it were hearing a regular appeal - Interference is justified only if findings of Courts below are shown to be perverse, unsupported by evidence or based on an incorrect application of law...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Lack of territorial jurisdiction - For considering an application U.O.7.R.10 CPC, Court has to confine itself to pleadings made in plaint...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Lack of territorial jurisdiction - `At any stage of suit' means even after trial has begun and concluded, but before the judgment is delivered...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Lack of territorial jurisdiction - No objection taken as to territorial jurisdiction at first instance including at the stage of framing of issues as such said objection is deemed to have been waived - Order allowing application set aside...........
Civil Procedure Code, 1908, Section 21, Order 7, Rule 10 -- Return of plaint - Lack of territorial jurisdiction - Neither consent nor waiver can cure defect of inherent lack of jurisdiction and consent of parties cannot operate to confer jurisdiction on a Court which has no competence to try it...........
Civil Procedure Code, 1908, Section 21 -- Territorial jurisdiction - Territorial jurisdiction can always be assumed by Court when such an objection is waived by party on principles laid down in S.21 CPC - Independently of S.21 CPC, defendant may also waive objection as regards a defect in territorial jurisdiction and will be subsequently precluded from taking objection...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Party cannot ordinarily be permitted to withdraw clear and categorical admissions made in pleadings, particularly when such admissions confer a valuable right upon opposite party...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Delay in seeking amendment - Mere delay in isolation may not be fatal, but its impact cannot be overlooked where proposed amendment seeks to withdraw clear admissions and fundamentally alter stand earlier set up - In such circumstances, delay assumes a material character, particularly when no..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Proposed amendments does not merely elaborate or clarify defence, rather, it completely displaces earlier admissions and substitute an entirely contrary case - Delay of more than four years in seeking amendment also assumes considerable significance - Belated attempt to resile from earlier..........
Civil Procedure Code, 1908, Section 151, Order 8, Rule 1A -- Late production of documents - Application filed after closure of evidence of defendants and when matter was repeatedly listed for final arguments - Defendant failed to demonstrate what prevented him from filing documents in question earlier - Due diligence has neither been explained nor established - Application..........
