Civil Procedure Code, 1908, Order 41, Rule 27 -- Application for permission to adduce Additional evidence in appeal - Simply allow - Effect - Appellate Court simply allowed interlocutory application, without examining anybody - In circumstances, none of the provisions of O.41.R.27, CPC could not said to be complied with...........
Civil Procedure Code, 1908, Section 115 -- Revision - Maintainability - Injunction order - Setting aside of - Does not fall within ambit of other proceedings' referred in S.115, C.P.C. - Revision against order passed in appeal is not maintainable - Revision - petition is also not maintainable as even interlocutory order had been made in favour of plaintiff it would not..........
Civil Procedure Code, 1908, Section 115(1) -- Proviso as inserted by Amendment Act 46 of 1999 w.e.f. 1.7.2002 - Interlocutory orders passed by Courts subordinate to High Court against which remedy of revision excluded by CPC Amendment Act 46 of 1999 - Open to challenge in- and continue to be subject to certiorari and supervisory jurisdiction of High Court - Amendment by..........
Constitution of India, 1950, Article 227 -- Power of superintendence conferred on High Court - Administrative as well as judicial - Capable of being invoked at the instance of any person aggrieved - May even be exercised suo motu - Paramount consideration - Paving the path of justice and removing any obstacles therein - Power under Article 227 wider than that under Article..........
Letters Patent of Punjab and Haryana High Court -- ( Clause 10, 15 Letters Patent of Calcutta High Court) - Court required to see as to whether order sought to be appealed against is a judgment within the meaning thereof or not - Once it is held that irrespective of nature of order, whether interlocutory or final, a judgment has been rendered, Clause 10 would be attracted..........
Limitation Act, 1963, Section 5 -- Period of 30 days for filing appeal - Pronouncement of order in the presence of appellant - Contradiction between recording of presence in certified copy of order as well as interlocutory order - Appellant must have acquired knowledge of order when received a notice calling upon him to deposit deficit amount - Limitation for filing appeal..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiffs using pathway from time immemorial - Injunction granted restraining the defendant not to put any hindrance and also ordered that the obstacles put in the way be removed till decision of suit - On appeal this order was confirmed - When the trial Court has passed an interlocutory injunction..........
Civil Procedure Code -- A and Section 105 - Non - appealable interlocutory orders - Party aggrieved by interlocutory order - Given - a right only in appeal against decree to contend that such order should not have been made...........
Punjab Public Premises and Land (Eviction and Rent Recovery) Act, Section 9,4,5,7 -- Interlocutory order i.e. order not falling under three clauses : (1) order of eviction, or (2) order relating to recovery of damages, or (3) order under Section 7(2) , and also any other order not relating to these three basic reliefs - Not appealable under Section 9 - Order passed on..........
Family Courts Act, 1984, Section 19, Hindu Marriage Act, 1955, Section 13, 24, 28 -- Divorce petition by wife - Interim maintenance to wife and minor children - Appeal by wife - Maintainability - Order passed under S.24 of Hindu marriage Act is interlocutory order - Appeal there against is not maintainable - However, quantum of maintenance should be such that wife and..........
