Civil Procedure Code, 1908, Section 114, Order 47, Rule 1, 2 -- Review - Dismissal of writ appeal - No error apparent on face of record in the order of dismissal of writ appeal - Counsel who argued writ appeal has not filed review petition and same has been filed by another counsel - Petitioner by filing review petition is wasting precious time of Court by filing..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17, 19, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Simultaneous issuance of summons through registered post and ordinary summons - An intimation was served on the addressee to collect the postal article - On receipt of the unserved postal..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Cannot be sought by party for assistance of Court to collect favourable evidence...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - In any suit, if Court believes that a local investigation is required or proper for the purpose of explaining or clarifying any matter in dispute, it may issue a commission to conduct such investigation - Purpose is fact-finding when Court cannot properly understand the dispute, especially..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim injunction - Police aid - Mere filing of an appeal cannot and does not operate as a stay of order appealed against - So, merely because order of injunction has been challenged before higher forum does not ipso facto mean that order of appealed against no longer exists, unless of course an order of stay..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim injunction - Police aid - Trial Court besides restraining defendants from creating disturbance, also passed a positive order permitting plaintiff to construct house in question - As long as plaintiff is unable to construct his house, order of trial Court would be rendered ineffectual - It is duty of..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local commissioner - Restricted inspection by a qualified technical expert involving mere physical verification and photography, would not amount to demolition, disturbance or collection of evidence in prohibited sense - Rather, it would assist Court in clarifying structural features of disputed wall...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local commissioner - When dispute relates to boundaries, structures, encroachments or civil engineering questions, technical and foundational fact is often permissible through expert inspection...........
Civil Procedure Code, 1908, Section 11, Order 6, Rule 17 -- Amendment of pleadings - Rent proceedings - Plea of res judicata - Proceedings under Rent Act relate to continuing obligations and recurring liabilities therefore, plea of res judicata cannot mechanically bar amendments concerning later periods...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Rent proceedings - Amendment sought by respondent does not change nature of petition nor does it cause any prejudice to tenant that cannot be compensated by granting opportunity to file an additional written statement - Contention that two rent petitions have been filed for same premises also does not..........
