Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Maintainability of suit u/s 31 of Specific Relief Act - Such an issue does not require any evidence and can be decided by seeing the prayer and pleadings of the suit - Impugned order to decide the issue at a future point, set aside - Matter remitted to decide application afresh...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Documents which defendants propose to mark are in no way connected with suit property - Such documents are irrelevant documents and not material to facts in issue in the case - Even there is no pleading in written statement regarding such documents - No reasons were substantiated by..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Injunction order - Disobedience - For finding a person guilty of willful disobedience there has to be not mere `disobedience' but it should be `willful disobedience' - Allegation of willful disobedience being in the nature of criminal liability, the same has to be proved to the satisfaction of Court that disobedience was not..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Interim injunction order - Willful disobedience - Use of plaintiff's trade mark despite order of interim injunction - Commissioner noted in his second visit to defendant's shop that goods were being sold without any wrapper/labels - Only hoarding on which plaintiff's trade mark was displayed in front of defendant shop was..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree - Setting aside - Procedure as envisaged under High Court Rules and Orders was not followed - Impugned order ordering party to proceeded against ex parte was taken in undue haste - Service by affixation as provided in O.5.R.17 CPC was not followed in the case - Matter remitted back to Court below for..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Suit is at the stage of final arguments - Any amendment in written statement at the fag end of suit, cannot be permitted, particularly when suit was filed way back in the year 1987 - Even otherwise, defendant sought amendments with respect to facts which were available/known even at the time..........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Local Commissioner - Demarcation report - Objections - Defendant participated in entire demarcation exercise conducted by local Commissioner and thereafter put his signatures in demarcation report, treating it as correct - Having done so, it is not open to defendant to contend that demarcation report is not correct,..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay of 175 days - Delay not properly explained except throwing blame on Advocate for which there is no supporting material or affidavit - Having entered appearance through counsel, there is no reason for defendant to plead that failure on part..........
Civil Procedure Code, 1908, Order 3, Rule 4 -- Appeal - Vakalatnama - No written vakalatnama in favour of counsel of one of the defendants who represented him in appeal - However, counsel was engaged by father and brothers of said defendant who appeared as co-defendants in a suit for specific performance in which their interest was common - Moreover, defendant not chosen..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of subsequent purchaser - Suit for specific performance - Plaintiff cannot be compelled to implead a person in suit for specific performance against his wish, more particularly with respect to a person against whom no relief is claimed by him - Applicant/subsequent purchaser cannot be impleaded as a defendant in..........
