Civil Procedure Code, 1908, Order 16, Rule 14 -- Summoning of official witnesses alongwith relevant revenue record - Revenue record sought to be summoned is material and bears directly upon adjudication of petitioner's claim of ownership - Application cannot be declined on the ground that plaintiff has failed to furnish list of witnesses within time prescribed and had..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - To decide the title dispute involved in the case, there is no need for appointment of an Advocate Commissioner to measure suit property - In other words, appointment of Advocate Commissioner is not necessary to find answers to questions involved in the case - Application rightly..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Cannot extend to properties which have already been alienated prior to institution of suit...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Attachment before judgment is only an ancillary, protective relief to secure decree subject to adjudication of independent claims and cannot prejudice pre-existing rights or confer any substantive advantage upon plaintiff beyond securing satisfaction of decree...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Registered sale deed in favour of original applicant was executed prior to institution of suit - In such circumstances, essential condition for invoking attachment before judgment U.O.38.R.5 CPC that property belongs to defendant on the date of institution of suit is absent - Plaintiff's remedy,..........
Civil Procedure Code, 1908, Order 38, Rule 8, Civil Procedure Code, 1908, Order 21, Rule 58 -- Attachment before judgment - Any claim U.O.38.R.8 r/w O.21.R.58 CPC must be adjudicated recognizing protective and procedural nature of attachment before judgment without prejudicing pre-existing rights of bona fide third parties...........
Civil Procedure Code, 1908, Order 38, Rule 8, Transfer of Property Act, 1882, Section 53 -- Attachment before judgment - Determination of whether sale deed is fraudulent is exclusively governed by S.53 of T.P Act and claim petition procedure O.38.R.8 CPC cannot substitute or override statutory safeguards and requirements of such substantive proceedings...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Application U.O.41.R.27 CPC has to be decided along with appeal - Matter remanded back to appellate Court to decide the appeal afresh after adjudicating application U.O.41.R.27 CPC...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Production of documents - Case fixed for arguments - Documents in question are statement of account being maintained by public bank in usual course of its business - Documents are necessary in order to prove transactions between parties for showing existing..........
Criminal Procedure Code, 1973, Section 311 -- Given up witness - Witness whose name was already found mentioned in the list of witnesses and was given up, has been sought to be examined - No new witness has been introduced by prosecution - Witness sought is not a private witness who could have been subsequently created and he is going to prove some public document only -..........
