Civil Procedure Code, 1908, Section 100 -- Second appeal - Maintainability - Appeal against a mere finding is not maintainable unless it amounts to decree within meaning of S.2(2) CPC...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - An effective decree is sine quo non for maintaining appeal u/s 100 CPC...........
Civil Procedure Code, 1908, Section 100 -- Second appeal filed by defendant - Maintainability - Suit dismissed by first appellate Court - Appeal against such dismissal can only be filed by plaintiff, as plaintiff can only be aggrieved person - Defendant cannot challenge any finding so recorded - Appeal filed by defendant is not maintainable against mere finding, hence..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Where third party shows fair semblance of title or interest in suit property, he can be impleaded in the suit, as fate of suit would directly affect right of third party - Application allowed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit land is jointly owned and possessed by parties and other co-sharers - Averments made by defendant with regard to construction by all co-sharers in terms of family arrangement as well as existence of old structure have not been specifically denied by plaintiffs - Plaintiffs failed to approach..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - O.7.R.11 CPC not applicable where rejection of plaint is sought in part that is against one or more of the defendants or one or more of the properties or claims...........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Report of commissioner - Objection - Plaintiff was not present at the time when Panchnama was prepared and Panchnama also does not bear signature of plaintiff - Panchnama as well as report is false and fabricated - Order rejecting objections set aside - Trial Court is directed to issue fresh commission in the matter...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by Limitation - Plea of accrual of cause of action whether genuine and legitimate, is a mixed question of fact and law - Order rejecting plaint cannot be sustained...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Cause of action - Accrual of cause of action for filing suit consist of bundle of facts - Factum of suit being barred by limitation is ordinarily a mixed question of fact and law - Even for that reason, invoking O.7.R.11 CPC is ruled out...........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Local Commissioner - Plaintiff seeking rejection of report alleging that report is given in collusion with defendant - Both plaintiff and defendant filed objections to report - Trial yet to commence - After completion of evidence, it is open to Court to accept or reject report - Application rightly rejected...........
