Civil Procedure Code, 1908, Order 14, Rule 1 -- Omission to frame issue - Defendant not taken unaware and knew the case which he had to meet at the time of trial - Case which each party had to meet clearly understood by the party concerned - Objection that finding recorded without any issue on the matter - Cannot be urged in second appeal...........
Civil Procedure Code, 1908, Section 115, 2(2), Order 43, Rule 1 -- Order refusing condonation of delay u/s 5 Limitation Act - Not a decree and not appealable order - Order is revisable...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Once the case has been fully argued on merits and decided on merits, no application for review lies on the ground that the case should have been argued differently...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Plaintiff one of the co-owners - Other co-owners are neither proper nor necessary parties in a eviction suit...........
Civil Procedure Code, 1908, Section 115, Order 39, Rule 1 -- Temporary injunction issued - Both the Courts below held the plaintiff has prima-facie case, and balance of convenience in his favour Fresh material to show that plaintiff has no prima facie case - Fresh material can't be considered at the stage of revision - Interference in revision not justified...........
Civil Procedure Code, 1908, Section 115, Order 39, Rule 1 -- Injunction refused - Amounts to case decided - Revision lies...........
Civil Procedure Code, 1908, Order 1, Rule 1, Civil Procedure Code, 1908, Order 2, Rule 3 -- All plaintiffs in one suit can be joined only if the relief arise out of the same act or transactions or series of acts or transactions Different persons supplying potatoes to the defendant, different quantities at different dates and different payments made No common question of..........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Prima facie case sufficient for appointment of receiver and proof as to waste or mismanagement unnecessary - In a partition suit when one co-owner occupies the whole property and excludes other co-owners from the shares of rents and profits of the property, a case of appointment of receiver is made out although no waste or..........
Civil Procedure Code, 1908, Order 10, Rule 1, 2, 4 -- If duly authorised and instructed counsel then initially counsel should be examined U/O.10.R.1 & 2 and if further elucidation necessary order could be passed under rule 4 - It illegal order if without examining the duly authorised and instructed counsel the party is directed to appear in person...........
Civil Procedure Code, 1908, Order 20, Rule 1 -- Judgment - Unreasonable delay - Unless explained properly is undesirable...........
