Civil Procedure Code, 1908, Order 14, Rule 5 -- Second application for framing of an issue - Maintainability - Application having been filed once and not pressed, cannot bar a party from moving the same application subsequently as earlier application was not decided on merit...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Issue of limitation is a mixed question of law and fact and not a pure question of law under which a delayed suit cannot be entertained - Plaint cannot be rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit dismissed while allowing application U.O.7.R.11 CPC only on the ground that relief of declaring petitioner as an adopted son cannot be granted by revenue Court, as revenue Court has no jurisdiction to decide the issue of adoption - However, petitioner is ready to delete this relief prayer,..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issue - Plaintiff never lead evidence in support of claim raised in plaint and rather withdrew suit for possession - Specific issue was framed as to whether plaintiff is owner in possession of suit property as alleged - Said issue was not pressed during course of arguments and was decided in favour of defendants who had..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration - Proposed amendment is very much related to subject matter of suit property - In order to determine the real issue in controversy between parties, proposed amendment is required to be allowed since without particulars of measurement of encroached land of homestead property, it would..........
Civil Procedure Code, 1908, Order 41, Rule 33 -- Judgment of First Appellate Court - Suit for specific performance - First appellate Court had formulated a point on the issue of readiness and willingness on the part of plaintiffs and thereafter discussing the evidence on record arrived at a just finding - First Appellate Court is fully justified in formulating a point in..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - It is within the power of Court to issue a commission to such person as it thinks fit, to make an investigation on some as pect - There is no right vested in favour of a party to get the said commission issued...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for specific performance - Issue as to whether agreement between parties was executable or not would be an issue to be decided during trial - Trial Court has discretion to grant such relief or not to grant as per stipulation u/s 20 of Specific Relief Act - Plaint not liable to be rejected...........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issue - Application filed after the entire witness action of plaintiff is concluded - If plaintiff succeeds in proving his principal issue there is absolutely no need and necessity for framing of additional issue which is sought to be framed after the trial has commenced - Plaintiff has analyzed and..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Suit for declaration of ownership and joint possession - Defendants/petitioners sought permission to lead evidence qua unregistered Will in their favour alleged to be executed by deceased - There is no additional issue framed regarding Will - Numerous opportunities had been given to defendants to conclude..........
