Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to amend rough sketch and plan annexed with the plaint on the basis of Advocate Commissioner's report - Without filing objection to the Commissioner's report plaintiff cannot straight away seek amendment of plaint based on the Commissioner's report...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Amendment of Affidavit filed in an interlocutory application in a suit - An interlocutory application is a miscellaneous proceeding and S.141 CPC permits the `procedure' in regard to suit to be applied to such interlocutory application as well - When pleadings can be amended..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Suit for ejectment, recovery of possession and arrears of rent - Defendant admitted that he is tenant in suit property - There is admission of relationship of landlord and tenant and month to month tenancy already stands terminated - Since the monthly rent was Rs.5000, thus property is protected under..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Existence of substantial question of law is sine quo non for exercise of jurisdiction u/s 100 CPC...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - In second appeal, jurisdiction of High Court is confined to substantial question of law - Finding of fact is not open to challenge in second appeal, even if appreciation of evidence is palpably erroneous and finding of fact is incorrect...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - To be "substantial" a question of law must be debatable, not previously settled by law of land or any binding precedent and must have a material bearing on decision of case and/or rights of parties before it answered either way - To be question of law "involved in the case" there must..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Inference of fact from recitals or contents of a document is a question of fact, but legal effect of terms of document is a question of law - Construction of a document involving application of any principle of law, is also a question of law - When there is misconstruction of a..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Generally, High Court will not interfere with concurrent findings of Courts below, but it is not an absolute rule and some exceptions are, viz: (i) Courts below have ignored material evidence or acted on no evidence; (ii) Courts have drawn wrong inferences from proved facts by applying..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for recovery of possession - Relief of recovery of possession denied by First Appellate Court but granted by High Court - Defendant pleaded that he was in complete possession of suit premises as owner with absolute rights ever since 1966 when his father had executed deed of release in his favour and for over..........
Civil Procedure Code, 1908, Order 29, Rule 2 -- Notice not served in terms of O.29.R.2 CPC - Dismissal of execution proceedings - Counsel for Insurance company had appeared in response to notice issued in claim petition under Motor Vehicles Act and had filed counter and an award too had passed on merits - Said counsel who appeared for insurance company before Tribunal and..........
