Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Scope of review is very limited and under the garb of review a party cannot be permitted to reopen the entire case...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Petition is not maintainable on a issue not agitated at the time of passing the impugned order...........
Civil Procedure Code, 1908, Order 47, Rule 1, Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree set aside against only that defendant who made the application - If aggrieved he can challenge the same in superior Court in appropriate proceedings - No mistake or error apparent on the face of record to correct it in a review application - No ground to interfere..........
Civil Procedure Code, 1908, Order 26, Rule 1 -- Commissioner - Appointment at pre evidence stage to know the correct ground reality of the suit property - Not improper when no prejudice or hardship is likely to be caused to the opposite party...........
Civil Procedure Code, 1908, Order 7, Rule 14, 18(1) -- Documents under challenge - It is mandatory to place on record such documents - If such documents not produced, suit is not maintainable...........
Civil Procedure Code, 1908, Order 17, Rule 1 -- Adjournments - Court have to implement and give effect t the amended provisions and should not grant adjournment in violation of said statutory provisions...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Possession - Jamabandi - In absence of clear evidence of possession and title entries in jamabandi cannot constitute the basis for concluding that the plaintiff is in possession - Vendor cannot pass to the vendee a title better than his own title or rights better than his own rights - Once the vendor of plaintiff was not..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Parties leading evidence though issue not framed on a specific plea - Court can decide the said plea if both parties have led evidence thereon...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Co-sharer - Restraining another co-sharer from raising construction over superior and valuable portion of the suit property without getting the same partitioned - Held, plaintiff a co-sharer is entitled to protect the suit land to ensure that the nature of suit land is not changed by another co-sharer - Proceedings for..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Co-sharer - Restraining another co-sharer from raising construction - Defendant seeking permission to raise construction and demolish the same later on after partition - Held, such a course would result into unnecessary complications even in partition proceedings...........
