Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Court Commissioner - Eviction suit - Petitioner never prayed for appointment of Court Commissioner before Rent Tribunal - Rather, petitioner specifically came up with a case that she is in possession of premises in question - Action of petitioner of requesting to appoint Court Commissioner is nothing but an..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Partition suit - Objections raised by defendant are subject matter of trial which can be determined after recording evidence of both parties - Looking to nature of suit and objections raised by defendant, trial Court not committed any illegality and jurisdictional error in dismissing application for..........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - It is one where no evidence is required and on the basis of reading of plaint or applicable law, if jurisdiction of Court or bar to suit is made out, then such issue is required to be decided in the first instance so that process of civil court is not abused by the litigants, who may approach civil court..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Framing of issues - While framing issues, Court informs parties about scope of suit and evidence to be led in support thereof...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Concurrent findings - Not to be interfered in second appeal unless same suffer from perversity and re-appreciation of evidence to draw a different conclusion than taken by Courts below - Even if finding of fact may be incorrect, same is not scope for interference at the stage of second appeal...........
Civil Procedure Code, 1908, Order 3, Rule 1, 2 -- Examination of Power of Attorney Holder for the principal - Power of Attorney Holder is father of plaintiffs and claims to have knowledge of facts of the case - Nothing prevents him from giving evidence of facts within his knowledge - Power of attorney holder permitted to depose for plaintiff No.1...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Suit for permanent injunction - Appointment of Local Commissioner sought to visit the spot and report actual position of street - Onus lies on plaintiff to establish her case through evidence - Plaintiff cannot be allowed to create evidence through appointment of Local Commissioner - Application rightly..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Both trial Court and Appellate Court on basis of evidence led by parties came to conclusion that prima facie plaintiff was residing in the house built by his father and defendant was trying to sell it off - Said apprehension was fortified by agreement to sell made out after order of trial Court for..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Remand - Appellate Court is under obligation to decide itself the lis between parties, unless it comes to definite finding that matter requires leading of evidence once again by Court below - Appellate Court no doubt has power to remand matter but it has to follow certain conditions - Since, record is sufficient to..........
Civil Procedure Code, 1908, Order 16, Rule 7 -- Summoning of public officials to produce documents - Certified copies of public documents which are sought to be summoned could be produced in evidence - Summoning of public officials to produce said documents not necessary - Application rightly dismissed...........
