Civil Procedure Code, 1908, Order 8, Rule 1(A3) -- Late production of documents - Will - Partition suit - Defendant not pleaded in additional written statement regarding Will in question nor said Will filed along with additional written statement - Even, there is no reference to date of execution of Will in additional written statement - In the absence of pleading, any..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Plaintiff admitted that property for which application for injunction was filed was in possession of defendants for which plaintiff had filed a suit for recovery of possession - If injunction is granted in favour of plaintiff, it is not plaintiff who will suffer irreparable loss or damage but it is..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plea that appropriate prayer not made - This is a matter ultimately to be decided in the suit and not an issue to be considered while deciding application U.O.7.R.11 CPC...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - No specific overt act attributed to A-2 and A-3 or their joining in attack by A-1 on deceased - Injuries were caused by a Bhujali which was seized from A-1 - Medical evidence does not corroborates eye witness testimonies of PW1 to 4 - Nothing on recorded to show that A-2 and A-3 threw chilly powder and hot oil on..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Participation and role of A-1 in crime is shown as per evidence on record - Fatal injuries caused to deceased by weapon recovered from A-1 - Testimonies of eye witnesses corroborated by medical evidence - Case against A-1 is proved - A-1 rightly convicted...........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Earlier application filed U.O.7.R.11 CPC was dismissed - Subsequent application filed U.O.7.R.11 CPC rightly not maintainable being barred by principle of res judicata...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Principle of res judicata/constructive res judicata is applicable in the same proceeding during pendency of suit at successive stages...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Error which has to be detected by long drawn process of reasoning on points where there may be conceivably be two opinions, cannot be said to be error apparent on the face of record...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Power to review may not be exercised on the ground that decision was erroneous on merits as same would be the domain of Court of appeal...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - An error on the face of record must be such an error which, mere looking at the record should strike...........
