Civil Procedure Code, 1908, Order 17, Rule 1, 2 -- Closure of evidence of plaintiff - Evidence of plaintiff was closed after giving fifth opportunity to lead evidence - Even on the date when order of closure of evidence was passed, no list of witnesses was filed by plaintiff - Sufficient opportunities were granted to plaintiff to lead evidence - Evidence of plaintiff..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a natural legal heir - Suit for declaration claiming inheritance and challenging Will - `S' being another son of deceased/father of plaintiff is a natural legal heir - He is thus, a necessary party to suit, as in the event Will is set aside, inheritance would devolve upon natural heirs - `S' would be entitled..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1, 2 -- Review - Application for review cannot be treated to be an opportunity to argue the case on merits afresh...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1, 2 -- Review - In the garb of review application, rehearing of appeal on merits cannot be allowed...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1, 2 -- Review - Dismissal of writ appeal - No error apparent on face of record in the order of dismissal of writ appeal - Counsel who argued writ appeal has not filed review petition and same has been filed by another counsel - Petitioner by filing review petition is wasting precious time of Court by filing..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim injunction - Police aid - Mere filing of an appeal cannot and does not operate as a stay of order appealed against - So, merely because order of injunction has been challenged before higher forum does not ipso facto mean that order of appealed against no longer exists, unless of course an order of stay..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim injunction - Police aid - Trial Court besides restraining defendants from creating disturbance, also passed a positive order permitting plaintiff to construct house in question - As long as plaintiff is unable to construct his house, order of trial Court would be rendered ineffectual - It is duty of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Suit land is joint in nature and partition has not yet taken place - Defendant No.2 admitted the case of plaintiff and defendant No.1 stated that agreement is a forged and fabricated document - In respect of contradictory site plans, same is a matter of evidence and..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of subsequent purchaser - Suit for permanent injunction - Plaintiff during pendency of proceedings transferred his interest in suit property to his sons, who were subsequently impleaded as co-plaintiffs - Transferees though not necessary parties would constitute proper parties, as adjudication in suit would be..........
Civil Procedure Code, 1908, Order 21, Rule 22(1)Proviso -- Execution - Show cause notice U.O.21.R.22 Proviso CPC - Execution petition was filed within two years from the date of decree - It squarely falls under U.O.21.R.22(1) Proviso CPC - Executing Court was therefore competent to dispense with service of notice upon JD when execution petition filed within prescribed..........
