Civil Procedure Code, 1908, Order 7, Rule 11, Andhra Pradesh Court Fee and Suits Valuation Act, 1956, Section 63, 64 -- Rejection of plaint - Refund of Court fee - Appellate Court set aside order of rejection of plaint - Appellants are entitled for refund of Court fee paid on appeal...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - Cannot be sought solely for purpose of collection of evidence...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - When plaintiff is in possession of suit property and no encroachment is made by defendants, he cannot seek for appointment of Advocate Commissioner in order to collect evidence in a suit for permanent injunction...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - At appellate stage - Petitioner was not a party to original suit - He neither represented the claim in a representative capacity nor was his presence necessary for effective adjudication - However, trial Court permitted him as Sarpanch, to adduce evidence on behalf of Gram Panchayat - Said permission..........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issues - Power to frame additional issues is a discretionary power of trial Court - Court after examining the pleadings and other material on record as required U.O.14.R.3 CPC, may frame the issues...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Framing of an issue - Object of an issue is to tie down the evidence and arguments and decisions to a particular question so that there may be no doubt on what the dispute is...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Framing of an issue - If by refusal to frame issues a serious prejudice is being caused to plaintiff or defendants then it is always expedient for trial Court to exercise its jurisdiction in framing such issues to facilitate the parties to adduce evidence in the light of pleadings on basis of which issues were framed...........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issues - Issue regarding adultery on the part of husband sought by wife in divorce petition - Husband filed divorce petition on the ground of cruelty and adultery against wife - Wife neither instituted a petition for divorce nor filed any Counter Claim to that effect - Allegation of adulterous..........
Civil Procedure Code, 1908, Order 3, Rule 2 -- Examination of power of attorney holder on behalf of a party - Power of attorney holder is not competent to depose or to prove anything which was not within his personal knowledge or was otherwise personally known to plaintiff - Testimony of power of attorney holder is inadmissible with regard to the facts within personal..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - Evidence either ocular or documentary cannot travel beyond pleadings...........
