Civil Procedure Code, 1908, Section 100A -- Intra Court Appeal - Not maintainable once Single Judge of High Court decides an appeal arising from original or appellate decree or order...........
Civil Procedure Code, 1908, Section 100A -- Intra Court Appeal - Once intra Court appeal against order sought to be reviewed is not maintainable, then order rejecting an application for review cannot be assailed through medium of intra Court appeal because there can be no challenge to order rejecting review application unless order sought to be reviewed is challenged...........
Civil Procedure Code, 1908, Order 47, Rule 7, Civil Procedure Code, 1908, Order 43.R(1)( -- Appeal - Order rejecting an application for review is not appealable in terms of O.47.R.7 CPC, whereas order granting review is appealable in terms of O.43.R.1(w) CPC...........
Civil Procedure Code, 1908, Order 17, Rule 1 -- Adjournments - Unnecessary adjournments and adjournments on the mere asking of parties/counsel has to be declined...........
Civil Procedure Code, 1908, Order 17, Rule 1 -- Adjournments - O.17.R.1 CPC states that on sufficient cause being shown, Court may at any stage of suit, grant adjournment for reasons to be recorded in writing provided no such adjournment should be granted more than three times to a party...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought for description of property which does not appear to be a deliberate error, rather an unintentional inadvertence - Nature of amendment sought would not prejudice defendant in any manner - Neither any new facts are being pleaded nor contents which have been sought to be changed in plaint..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 7, Rule 11 -- Temporary injunction during pendency of appeal filed against order of rejection of plaint - When plaint is rejected, it cannot be said that appeal filed against such an order is continuation of suit - Plaint once rejected, until it is revised/restored, an order of temporary..........
Civil Procedure Code, 1908, Order 9, Rule 9, Civil Procedure Code, 1908, Order 23, Rule 1 -- Restoration of suit dismissed as withdrawn - Application U.O.9.R.9 CPC is not maintainable for restoration of such suit - Application rightly dismissed...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - One of reasons for permitting additional evidence to be brought on record is that same should be relevant and material for determining of issues - In the absence of same not being on record, relevance thereof cannot be determined - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Court should adjudicate all issues and give its findings on all the issues and not to pronounce judgment only on one of issues...........
