Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Appeal from order - Unless the view taken by trial Court is found to be perverse or impossible, it is not permissible for High Court to interfere with the order of trial Court - Equally, merely because High Court finds that other view is more probable, it is not possible for High Court to substitute the view of the trial..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Pre-mature execution - Once the application is found pre mature, any observations on merits, even if made in the order, is of no consequence - Same has to be ignored for the purpose of deciding whether second application for execution is barred by the principle of res judicata...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - In order to formulate a complete cause of action, all material facts need to be pleaded - Omission to plead a single material fact would lead to an incomplete cause of action, and the statement or the plaint becomes bad - In such a situation, the provision casts a duty on the Court to perform its..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Injunction suit in appeal filed against rejection of plaint - Application not filed during pendency of suit - Contention that it is only in recent past that defendants are taking steps to alienate suit property - Held, though injunction as prayed for cannot be granted..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendants, proclaimed offenders, have been abusing process of law by filing multiple applications by making false and incorrect averments - Defendants though aware of being declared proclaimed offenders had not taken steps to assail said order or join various criminal proceedings initiated..........
Civil Procedure Code, 1908, Order 26, Rule 4, Civil Procedure Code, 1908, Order 16, Rule 19 -- Recording of evidence - Appointment of commission - Application filed by defendants to record their statements by appointing commission - Rights of defendants to lead further evidence closed in terms of order of Court - Held, provisions not applicable to party to litigation who..........
Criminal Procedure Code, 1973, Section 397 -- Revision - Offence u/s 366-A IPC - Dismissal of application filed by appellant for discharge - Appellant filed revision before High Court - Counsel for appellant withdraw the said revision - Counsel who had withdrawn revision before High Court was not authorised by appellant to withdraw the same - Judgment and order passed by..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Summoning order - Matrimonial dispute - Revisionist brother-i, law of deceased - Revisionist residing and working in Rajasthan and also not a beneficiary of the alleged dowry - Alleged allegation of causing physical and mental torture to the deceased for demand of dowry not made against revisionist -..........
Punjab Land Revenue Act, 1887, Section 111, Civil Procedure Code, 1908, Order 9, Rule 13 -- Partition proceedings - Ex parte decree - Setting aside of - Held, no body should be condemned unheard - In present case, Assistant Collector, 1st Grade violated basic rule of audi alterm parterm while passing ex-parte order - Revenue authorities i.e. Collector, Commissioner as well..........
Criminal Procedure Code, 1973, Section 362 -- Natural justice - Review - Held, there is a clear bar for any Court which includes High Court to either review or recall an order or judgment passed even it is found subsequently that it offends principles of natural justice...........
