Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Matter in issue in subsequent title suit is also directly and substantially the issue in earlier title suit between same parties or between the parties under whom they or any of them claim litigating under the same title - S.10 CPC is thus, applicable to proceedings of subsequent suit - Subsequent suit..........
Civil Procedure Code, 1908, Section 151 -- Inherent powers of Court - Where there is express provision covering matter in question, there was no need to invoke jurisdiction u/s 151 CPC...........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Remand of case - Issue of rectification of decree sheet - Direction can be issued to trial Court to amend decree and this cannot be a reason to remand the case...........
Civil Procedure Code, 1908, Order 41, Rule 28 -- Additional evidence at appellate stage - Mode of taking - First appellate Court after allowing of additional evidence may either record same of its own or direct trial Court to record it or send same to it - Instead of following procedure U.O.41.R.28 CPC, first appellate Court adopted a shortcut method to dispose of appeal..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellant stage - Dismissal of appeal without deciding application U.O.41.R.27 CPC is not proper - Judgment and decree of first Appellate Court set aside - Matter remitted back to Appellate Court for decision afresh...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Sought to be produced at the stage when case was reserved for pronouncement of judgment - Suit pending for the last 12 years - No specific averments made in application as to why despite due diligence documents intended to be produced as additional evidence could not be filed at the time of leading evidence -..........
Civil Procedure Code, 1908, Order 9, Rule 6 -- Ex parte order - Party to a lis has at least a right to appear before Court even after being proceeded against ex-parte - Ex-parte order set aside...........
Civil Procedure Code, 1908, Section 35B -- Costs - Non payment - It is mandatory on the part of Court to disallow further prosecution of the suit or the defence as the case may be...........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 21, Rule 2 -- Eviction order - Execution proceedings - Application U.O.21.R.2 CPC - Dismissal of application - Courts below rightly stated that objections have been filed with a malafide intention only with a view to delay execution proceedings - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Premises in question belonging to defendant/father - Two consecutive Courts have held that plaintiff/son is not having any right to be protected under order of temporary injunction - Person holding possession for a long time is the general law pertaining to possession, cannot be applied where father..........
