Civil Procedure Code, 1908, Order 16, Rule 1(3), 1A -- Witness examined - He neither summoned through Court nor his name mentioned in the list of witnesses - His testimony is not open to any criticism on that ground...........
Civil Procedure Code, 1908, Order 13, Rule 1 -- When documents are marked as exhibits without objection of a particular party, that party cannot raise the objection that the said document has not been admitted in evidence...........
Civil Procedure Code, 1908, Order 1, Rule 3, Civil Procedure Code, 1908, Order 2, Rule 3 -- If the two rules are read together it indicate that the question of joinder of parties also involves the joinder of causes of action - A person is made a party in a suit because there is a cause of action against him and when causes of action are joined, the parties are also joined...........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - Plaintiff claiming to be in possession of property - Defendant's also claiming to be in possession - Owner's supporting case of plaintiff - Commissioner's report saying that plaintiff in physical possession - Trial Court granted temporary injunction - Held, status quo on spot to be maintained pending..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with permission to file fresh suit on the same cause of action - Granted on payment of costs - Costs not quantified - Fresh suit filed without paying such costs - Considering fact that parties were brothers and were litigating for two years, costs quantified at Rs.3, 000/- - Plaintiff directed to pay said..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - Wrong mention of law - No rule of estoppel applies against it - There can be no estoppel against the Statute - It is the function of the Court to apply the law to facts ascertained by it...........
Civil Procedure Code, 1908, Order 22, Rule 3, 9, Civil Procedure Code, 1908, Order 1, Rule 10 -- Death of one of the plaintiffs - L.R's not brought on record as per the provisions of O.22 CPC - Impleading of L.Rs under O.1.R.10 - Not legal - Suit cannot be proceeded on behalf of impleaded parties...........
Civil Procedure Code, 1908, Order 39, Rule 1, Transfer of Property Act, 1882, Section 44 -- Transfer by a member of an undivided family of his share in the dwelling house - Suit for injunction against transferee - No partition by metes and bounds had taken place - Entitled to grant of injunction against defendant transferee...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 - - Review on ground of mis - reading of Notification by the Judge while passing the order - Error apparent on the face of the record - Review permissible. Editorial Note. - Judgment under review reported as 1998 (2) PLJ 696...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Affidavit - Cross examination of deponent - Interim relief may be granted on basis of Affidavits - Cross examination at this stage not be allowed - Power to allow cross examination should be used very sparingly...........
