Civil Procedure Code, 1908, Order 40, Rule 1 -- Receiver - Appointment - Petitioners were in de facto possession and earlier running the business - It has to be determined if there is any wastage, mis-appropriation of the property or not - Ordinarily Court is reluctant of depriving a de facto possession of other person but if there is waste and mismanagement of property..........
Civil Procedure Code, 1908, Section 115, Order 39, Rule 1, 2 -- Balancing equities between the parties subject to certain conditions - Cannot be termed as error of jurisdiction - Scope of revisional jurisdiction of High Court - Very limited - High Court should be satisfied that order impugned suffers from jurisdictional or substantial error of law so as to interfere in..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction claiming to have taken land on lease 13/14 years ago and thereafter in forcible possession of land and defendants recorded as owners in revenue record trying to dispossess plaintiff forcibly and illegally - Plaintiff inducted as lessee by participating in public auction - Successful bidder in public..........
Civil Procedure Code, 1908, Order 13, Rule 1 -- Photocopy of sale deed - Marked as exhibit without any objection - Once a document is allowed to be exhibited in evidence without any objection from any of the parties to the suit during the trial, it is too late at the appellate stage for any party to make any grievance about the non production of the original of such..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Parties only in possession but having no title - Order permitting party to raise construction is without jurisdiction - Parties ordered to maintain status quo...........
Civil Procedure Code, 1908, Order 16, Rule 1 -- Summoning of documents - Court has wide discretion - If document is considered essential for decision of case, it is open to Court to issue summons for production of such documents at any stage of proceedings...........
Civil Procedure Code, 1908, Order 41, Rule 27(1)(aa), 27(1)(b) -- Additional evidence in Appellate Court - Party seeking must satisfy Appellate Court that evidence was not within his knowledge or could not inspite of due diligence be produced by him in trial Court - Document in possession of party but not produced in trial Court and plea taken is that he did not realise..........
Civil Procedure Code, 1908, Section 115, Order 41, Rule 27(1) -- Additional evidence in Appellate Court - Party negligent in not producing evidence in trial Court - Application rejected - Such order does not amount to 'a case decided' as order does not decide any right of party - Finding of lower Court is finding of fact and no revision lies against such order...........
Civil Procedure Code, 1908, Order 33, Rule 1 -- Permission to sue as indigent person - Expression 'Sufficient means' refers to sufficient realisable assets convertible into cash to pay Court-fee - Mere title to property with no dominion thereon does not amount to possession of 'sufficient means' - Rejection of application of person whose only possession is undivided..........
Civil Procedure Code, 1908, Section 115, Order 33, Rule 1 -- Permission to sue as indigent person - On wrong interpretation of statute, Court passed order rejecting permission - Order in violation of statue - Revision against such an order is maintainable...........
