Civil Procedure Code, 1908, Section 80, 100 -- Notice u/s 80 CPC - Second appeal - Question of non-compliance of S.80 CPC was not specifically addressed, as same was formulated and decided as a preliminary issue and concurrently upheld by Appellate Court also - Said question of non-compliance of S.80 CPC would not arise to be decided by way of a substantial question of law..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence when case was fixed for rebuttal evidence/final arguments - Additional evidence sought to be adduced by defendant is not required - Application for reopening of evidence rightly dismissed...........
Rent and Eviction -- Res judicata - Aspect of res judicata does not apply when eviction is sought on ground of bona fide need. (Civil Procedure Code, 1908, S.11)...........
Civil Procedure Code, 1908, Order 9, Rule 13, Provincial Small Causes Courts Act, 1887, Section 17 -- Proviso - Ex parte decree - Setting aside - Compliance of S.17 Proviso of 1887 Act is a pre-condition for maintainability of application U.O.9.R.13 CPC - Requirement u/s 17 Proviso of 1887 Act is neither hyper technical or pedantic but same is requirement of law...........
Civil Procedure Code, 1908, Order 9, Rule 13, Provincial Small Causes Courts Act, 1887, Section 17 -- Proviso - Ex parte decree - Setting aside - Suit for possession, rent and mesne profit - Tenant neither deposited entire amount as payable by him nor there was any previous application seeking permission of Court to give security, on the date when application U.O.9.R.13..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Tenant has not made out any sufficient ground to allow application U.O.9.R.13 CPC - He filed malafide application only to delay the proceedings - Application rightly rejected...........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Production of documents - Court to decide application by considering and clarifying, may be briefly, as to how the stated documents are relevant and in what context after analysing relevant pleadings including evidence already brought before Court, in the form of affidavit of evidence...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought to incorporate fact that defendant Nos.2 to 4 and plaintiff belong to same group - However, defendant already pleaded fraud and misrepresentation and also pleaded various other defences - By way of amendment, defendant wants to reopen entire case - No amendment after..........
Transfer of Property Act, 1882, Section 52, Civil Procedure Code, 1908, Section 96, 100, Order 22, Rule 10 -- Transfer pendente lite - During pendency of suit for specific performance and also in violation of ad interim injunction - Irrespective of any bona fides, transferee pendente lite is bound by the decree being passed by trial Court - Purchase of property during..........
Civil Procedure Code, 1908, Section 89 -- Out of Court settlement - Refund of Court fee - Parties settled dispute out of Court without taking recourse to modes enumerated u/s 89 CPC - Petitioner entitled to refund of full Court fee...........
