Civil Procedure Code, 1908, Section 47, Order 21, Rule 90 -- Auction sale - Setting aside - Issue relating to identification and measurement had been raised in the very beginning and there are reports of Bailiff, who had gone to deliver possession stating that there was difficulty in identifying the same - In the garb of boundaries being mentioned, auction purchaser cannot..........
Civil Procedure Code, 1908, Order 26, Rule 1, Evidence Act, 1872, Section 50 -- Suit for partition - Issue is whether the relationship between the deceased `D' and the plaintiffs' mother can be presumed to be a valid marital union, in the absence of formal documentary proof - The defendants, except for denying the marriage between the deceased `D' and the plaintiffs'..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Before undertaking the exercise of considering whether a party is entitled to lead additional evidence U.O.41.R.27 CPC, it would be first necessary to examine pleadings of such party to gather if case sought to be set up is pleaded so as to support additional evidence that is proposed..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Application for leading additional evidence has been considered by Appellate Court without examining the aspect as to whether additional evidence proposed to be led was in consonance with pleadings of defendant and whether such case had been set up by him coupled with the fact that..........
Civil Procedure Code, 1908, Order 15A, Rule 2 -- Arrears of rent - Quantum of rent disputed and hence dispute is as to arrears of rent payable - O.15-A.R.2 CPC casts an obligation on tenant to not only clear arrears of rent due till the date of fixation of rent but to clear all such arrears of rent which have fallen due after date of fixation of rent...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17 -- Impleadment of a party - Even in an application U.O.1.R.10 CPC for addition of a party, O.6.R.17 CPC is required to be followed for the purpose of consequential amendment(s) - When main purpose is to bring change in the nature of relief in the suit, plaintiff ought to have stated..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for declaration that Will, sale deed and gift deed is null and void - Plaintiff admittedly had knowledge of Will dated 08.08.1962 - Contention of plaintiff that cause of action accrued in 2023 is not true - In the year 2024 by way of suit, he wanted to challenge so called will..........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Matrimonial matters ought to be adjudicated at a forum proximate to wife's residence to minimize undue hardship...........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Petition by wife - Wife is presently residing with her family at the place where Court `Y' is situated - It is very difficult for wife to travel approximately 250 kms on each and every date of hearing to attend the proceeding initiated by husband before Court `X' - Case transferred to Court at place..........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Execution - Money decree - Conditional warrants of arrest - JD had specifically stated that he had never caused any obstruction or hindrance in execution proceedings - Attachment of property was already effected and perusal of previous orders reveals that earlier sale warrants were also issued but could not be..........
