Civil Procedure Code, 1908, Section 151, Order 7, Rule 14(3) -- Late production of documents - Application to take on record documents pertaining to allotment of Flat, filed at the stage when case was fixed plaintiff plaintiff's rebuttal - No reason either in application or from submissions for inordinate delay in moving application - Application filed with extraneous..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration of title and permanent injunction - Concurrent findings of fact of two Courts below based on evidence available on record that title over suit property is passed in favour of plaintiffs after execution of sale deeds by father of defendant no.1 in their favour - Said findings neither perverse..........
Civil Procedure Code, 1908, Section 92 -- Private trust - Provision of S.92 CPC does not apply to Private Trust - It applies only in case where allegations are made against administration of a Public Trust or Public Charity...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit land was purchased by mother of plaintiffs - Land also mutated in her name - Said mutation is not disputed by defendants - Possession of plaintiff of suit land is proved by them - There is prima face case in favour of plaintiffs - Plaintiffs will suffer irreparable loss and injury, if they were..........
Civil Procedure Code, 1908, Order 1, Rule 13 -- Non-joinder of a party - Plea of non-joinder of party has to be taken in initial stage at the earliest possible opportunity, otherwise that plea not so taken earlier shall be deemed to have been waived...........
Civil Procedure Code, 1908, Section 96, 97, 98, 99, 100 -- Appeal - A stranger cannot be permitted to file an appeal in any proceedings unless he satisfies Court that he falls within category of aggrieved persons...........
Civil Procedure Code, 1908, Section 96, 97, 98, 99, 100 -- Appeal - Expression `person aggrieved' does not include a person who suffers from a psychological or an imaginary injury - Person aggrieved must therefore, necessarily be one whose right or interest has been adversely affected or jeopardized...........
Civil Procedure Code, 1908, Section 96, 97, 98, 99, 100 -- Appeal - Person aggrieved - Failure to place any material or demonstrate as to how judgment and decree passed by Trial Court adversely or prejudicially affects appellants - Mere saying that appellants are prejudicially affected by the decree is not sufficient - It has to be demonstrated that decree affects legal..........
Civil Procedure Code, 1908, Order 41, Rule 27(b), 25 -- Additional evidence at appellate stage - Once first appellate Court allowed application U.O.41.R.27(b) CPC by coming to conclusion that document supporting legal plea of defendant should be allowed to be adduced as additional evidence, it rightly allowed the appeal and remanded subject suit to trial Court for fresh..........
Arbitration and Conciliation Act, 1996, Section 8 -- Reference of dispute to arbitrator - Where subject matter of an agreement between parties fall within S.17 of Contract Act or involves fraud in performance of contract, which amount to deceit being a civil wrong, subject matter of such agreement would certainly be arbitrable - Merely because a particular transaction may..........
