Civil Procedure Code, 1908, Order 41, Rule 27, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Additional evidence at appellate stage - Provision of O.41.R.27 CPC is applicable to appeal filed u/s 108 r/w O.43.R.1(r) CPC...........
Civil Procedure Code, 1908, Section 108, Order 43, Rule 2 -- Appeal - Expression `so far as may be' used in O.43.R.2, S.108 CPC has always been construed to mean that provisions may be generally followed to the extent possible...........
Civil Procedure Code, 1908, Order 41, Rule 27, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Additional evidence at appellate stage - Application decided at a stage prior to consideration of appeal on merits - Satisfaction that proposed additional evidence was required for deciding appeal in a satisfactory manner by Appellate Court not manifested in impugned order of..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Documents filed along with plaint are required to be taken into consideration for deciding application U.O.7.R.11(a) CPC - When a document is referred in the plaint then it forms the basis of plaint and it should be treated as a part of plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Pleas taken by defendant in written statement cannot be taken into consideration for deciding application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11(d), Limitation Act, 1963, Article 59 -- Rejection of plaint - Barred by limitation - Suit for cancellation of sale deed for non payment of entire sale consideration - Plaintiff not taking recourse to legal action for over a period of 5-1/2 years for payment of balance sale consideration, reflects that institution of suit is an..........
Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - Cause of action - Suit for cancellation of sale deed for non payment of entire sale consideration - Not a ground for cancellation of sale deed - Plaintiff has other remedies to recover the balance sale consideration - Relief of cancellation of registered sale deed cannot be granted - Suit is..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party in appeal - Suit for cancellation of sale deed and permanent injunction - Application for impleadment rejected on the ground that plaintiff sought impleadment on the basis of sale deed which stands cancelled by Trial Court - However, said reasoning is incorrect, as sale deed is not cancelled so far -..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Claim made by petitioner herein was negatived in earlier litigations - Petitioner is yet to establish his right - Presence of petitioner is not at all necessary for effective adjudication in inter se dispute between respondents family members - He is thus, not necessary party -..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution - Decree for specific performance - Sale deed executed despite stay order on account of a material lapse on part of Ahlmad who furnished an incorrect report to the effect that there is no stay of judgment and decree in question - JD/defendant cannot be blamed for such incorrect information - Sale deed in..........
