Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte ad interim injunction - Equitable relief cannot be refused on the ground of delay as cause of action arose on 24.07.2019 and suit filed on 14.08.2019 - Manner in which prayer for ex parte ad interim order injunction is refused not approved - Impugned order set aside - Trial Court directed to prepone next date, if..........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of documents - Certified copies of documents sought to be produced by plaintiff without wishing to lead any further oral evidence in support thereof - No harm would be done to defendants, as it would not delay suit any further for want of witnesses coming forward to testify in support of those documents -..........
Civil Procedure Code, 1908, Order 18, Rule 4, Civil Procedure Code, 1908, Order 19, Rule 3 -- Examination-in-chief by way of affidavit - Beyond pleadings - Trial of suit not to halt - Objection thereto has to be recorded and decided at the final stage - Cross examination too would be permitted, subject to the said objection(s)...........
Civil Procedure Code, 1908, Order 18, Rule 4, Civil Procedure Code, 1908, Order 19, Rule 3 -- Examination-in-chief by way of affidavit - Affidavit in evidence can factually expand on a plea taken in the plaint - It can also support factual assertions made in the plaint but it cannot contradict or state facts which cannot be derived from the plaint - Practice of filing..........
Civil Procedure Code, 1908, Order 18, Rule 4, Civil Procedure Code, 1908, Order 19, Rule 3 -- Examination-in-chief by way of affidavit - If any part of affidavit in evidence is objected to including the ground of mode of proof or admissibility, such objections can be recorded and subject to same being decided at the time of final adjudication, cross-examination could..........
Civil Procedure Code, 1908, Order 19, Rule 3 -- Affidavit in evidence - Cannot contain matters of surmise, legal arguments or conjecture and cannot controvert pleadings on record of either party...........
Civil Procedure Code, 1908, Order 12, Rule 2 -- Admission or denial of documents - Service law dispute - Registry is directed not to list any fresh RSA for hearing the subject matter of which is a service law dispute without the filing with record - At the commencement of the proceedings and before the issues are framed Trial Court should insist upon the parties to first..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- First appeal - First Appellate Court cannot give a decision without formulating points for determination in first appeal...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from raising construction on disputed roof without consent of plaintiffs and without obtaining permission from Municipal Council - No prima facie documentary evidence on record which could show that defendant was raising new construction on roof in question nor any photograph..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Amendment sough for adding relief of declaration as well as for adding pedigree of parties - Suit is pending since 1996 - Plaintiff failed to show before revisional Court or even before trial Court that he had no knowledge of pedigree of parties at the time of institution..........
