Civil Procedure Code, 1908, Order 18, Rule 3, Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Appointment at the stage of rebuttal evidence - Plaintiff cannot seek appointment of Local Commissioner to collect evidence at rebuttal stage after closing his evidence - Application for appointment of Local Commissioner rightly dismissed...........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Where relationship between parties as to landlord and tenant is not admitted, civil Court has jurisdiction...........
Civil Procedure Code, 1908, Section 141, Order 26, Rule 4 -- Examination of witness on commission - Proposed witness party to the suit who did not choose to contest the suit - Specific medical grounds stated for inability of witness to attend Court and to depose - Witness found to be important witness to the defendants to rely and to canvass their claim in the suit -..........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Execution - Arrest and detention of JD - Executing Court is required to record positive finding that there is no possible way to satisfy decree except by way of arrest - Merely because it appeared to Court that there is no possibility to satisfy Court is not equivalent to satisfaction required u/s 51 CPC and in..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Injunction cannot be declined on the premise that Court has no jurisdiction - Interim injunction can be granted till Court comes to conclusion that it has no jurisdiction - All such orders would come to an end with decision of Court - Order passed in an application U.O.39.Rr.1,2 CPC cannot be given..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of partition suit - Suit for partial partition - Defendant sought complete partition of property at the stage when appeal was being heard at final stage - Parties are governed by Muslim law and even if Muslim law permits partial partition, defendants could have sought complete partition, but only at the stage of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Co-sharer - No injunction can be granted against other co-sharers unless and until plaintiff is proved to be in exclusive possession of suit property to the ouster of other co-sharers - In such circumstances, plea taken in plaint has to be appreciated - Ouster has to be pleaded and should depict as..........
Civil Procedure Code, 1908, Order 41, Rule 27, 27aa -- Additional evidence at appellate stage - Plaintiffs filed application for taking copy of sale deed as additional evidence - However, plaintiffs no where disclosed due diligence in as much as how they came to know about sale deed and could not file the same before trial Court - No reasons whatsoever has been stated in..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Issue of limitation is a mixed question of law and fact - Same cannot be decided summarily on application preferred U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - For deciding an application U.O.7.R.11 CPC, only plaint averments are to be looked into - Pleas taken by defendant in written statement are not at all relevant...........
