Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Restoration of possessio, Possession delivered under orders of Revenue Court despite stay ordered by Civil Court - Civil Court cannot order restoration of possession as Revenue Court is a Court of independent jurisdictio, Injunction cannot be ordered to Revenue Court. If a party had benefitted by disobeying an..........
Civil Procedure Code, 1908, Order 14, Rule 1, 3 -- Absence of a plea in written statement - Issue neither claimed nor framed regarding a plea - No amount of evidence can be looked into upon such a plea - Determination of a cause should be founded on the pleadings or involved in or consistent with the case thereby made. Where a claim has been never made in the defence..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Defendant made plaintiff or plaintiff made defendant - Covered by sub - clause (2) of Section 21 Limitation Act - Provisions of Section 21(1) Limitation Act not applicable - Limitation Act (36 of 1963), Section 21. If a plaintiff is made a defendant or a defendant is made a plaintiff, then by virtue of Section 21(2)..........
Civil Procedure Code, 1908, Section 91(2), Order 1, Rule 8 -- Public nuisance - Suit by individual - Not barred by S.91 or O.1.R.8. CPC...........
Civil Procedure Code, 1908, Section 151, Order 16, Rule 1 -- Court asking party on the very first occasion to produce witness on his own responsibility by taking Dasti summons - Not proper - Even if a case has become old - Litigant should not be made to suffer for no fault of his. Where the case set up by the defendant from the very beginning was that the alleged pronote..........
Civil Procedure Code, 1908, Order 41, Rule 1 -- Neither memorandum of appeal nor power of attorney signed by appellant - Failure to sign memorandum of appeal - Not a legal defect - Failure to sign power of attorney - Technical defect - Not fatal to the case. Order 41 Rule 1 of the Code of Civil Procedure lays down that the memorandum of appeal can be signed either by the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Tempo rary injunction - Only point to be determined - Whether or not plaintiff has prima facie case in his favour - Prima facie case if 4n favour of plaintiff - Entitled to temporary injunction during the pendency of suit. In an application under Order 39 Rules 1 and 2 of the Code of Civil Procedure the only point to be..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Dispute about possession - During the pendency of suit in Civil Court correction of entries in Khasra Girdawaris - Not appropriate - Evidence adduced by parties before Revenue Authorities for correction of Khasra Girdawaris - To be assessed independently by Civil Court. Where the Civil Court granted the plaintiff a..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Scope of - Rule 1(3) of Order 23 of the Code of Civil Procedure would operate as a bar only if the plaintiff was to institute a fresh suit. There is nothing in this provision of law which may seem to affect a party's rights or pleas in a previously instituted suit, even though it may have been pending at the time of the..........
Civil Procedure Code, 1908, Order 34, Rule 1 -- Charge decree for maintenance - Execution - official receiver in whom equity of redemption vested not made party - Purchaser in execution acquires good title subject to rights of official receiver...........
