Civil Procedure Code, 1908, Order 22, Rule 4(3) -- Partition - Death of one of respondents - Non impleadment of L.R's - Appeal abated against one respondent - Appeal against other co-sharers of property cannot be proceeded in absence of representation of estate of one of co-sharer...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Vague averments made in application - Application lacks material facts and particulars so as to establish that defendant has exercised due diligence in procuring documents which she wants to be taken on record as additional evidence - Even, no affidavit in support of application..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A, 25 -- Remand - De novo trial - First Appellate Court mechanically passed an order of remand without applying itself to fact situation of case and without appreciating fact that issue on which remand order is passed was already decided by trial Court - Order of remand not covered under provisions of O.41.Rr.23, 23-A, 25..........
Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - Sought from Court at `F' to Court at place `L' - Admittedly, area of `F' does not fall within territorial jurisdiction of Lucknow Bench of High Court - High Court Bench at Lucknow has no jurisdiction to transfer case pending outside its territorial jurisdiction - It would be open for petitioner to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from dispossessing plaintiff from suit property - No proof of possession by plaintiff - Possession ordinarily follows title and for success plaintiff should have produced some evidence to show that he is in possession - Temporary injunction rightly declined...........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10 -- Impleadment of a party - To be allowed only after furnishing a copy of the application to the petitioner and affording him an opportunity to make submissions either orally or by filing a reply to such application - Proper procedure not followed - Impugned order set aside...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Ex parte decree - Setting aside - Defendant claimed that summons not duly served to her - However, notice was sent to defendant through Nazarat and service report was returned with note that summons could not be served upon defendant as she was not found in her house - Court was..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10 -- Impleadment of a party - At appellate stage - Suit for possession - Patta issued in favour of plaintiff was cancelled way back in 1978 - Plaintiff neither in possession of suit property nor had any title - Subsequently qua the suit property patta had already been issued in favour..........
Civil Procedure Code, 1908, Section 151 -- Reopening of evidence - Evidence of defendant was closed, as defendant and his counsel remained absent - Application for reopening of evidence filed one year after suit was posted for arguments - No affidavit of defendant filed in support thereof nor any reason assigned for not filing one - Explanation offered by defendant for not..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - Evidence cannot be looked into beyond pleadings...........
