Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - It must be confined to error apparent on the face of record and review proceeding is not by way of an appeal - Re-appraisal of entire materials on record for finding error would amount to exercise of appellate jurisdiction which is not permissible...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of intervenor - Partition suit - Intervenor purchased property and thus, has direct interest over subject in dispute - Intervenor is therefore a necessary party - Application rightly allowed...........
Criminal Procedure Code, 1973, Section 190, 227 -- Cognizance of offence - Order setting aside discharge of accused - Loan transaction between two sisters and civil suit for specific performance was pending - Petitioner is neither a signatory to documents nor he is a witness - Allegation of forging signature stand disapproved by FSL report - No offence whatsoever is made..........
Civil Procedure Code, 1908, Order 1, Rule 10, Transfer of Property Act, 1882, Section 52 -- Impleading of a pendente lite purchaser in a suit for permanent injunction - Objection as to - Appellant took illegally possession of suit land and started construction thereon - Appellants not claiming any rights in suit land - Since, applicants having rights in respect of suit..........
Criminal Procedure Code, 1973, Section 452 -- Release of seized property - Claim made by respondent to title of goods is seriously in dispute - Such a claim be agitated before competent civil forum - In the absence of such an adjudication, custody of seized goods, should continue to be with appellant, as goods were made over to him 26 years ago - Custody of goods should..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Preliminary issue - It is decided by taking the contents of plaint as correct...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Preliminary issue - Issue of limitation - It is a disputed question of fact and can only be decided at the stage of final arguments after all the parties lead evidence...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Preliminary issue - Issue of limitation and Court fees - Partition suit - Issue of limitation and Court fee are very much inter linked as plaintiff is not in possession and both are factual issues which will have to be proved by defendants after leading evidence - Suit cannot be dismissed on said preliminary issues...........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Res judicata - Parties not same in both the suits in question - Prayer in both the suits also not same - Even issues are not identical - There should have been a trial with regard to all issued framed - Suit held, not barred by res judicata - Application for rejection of plaint dismissed...........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Exhibition of documents - Plaintiff after closure of evidence filed an application to exhibit the document in question - Same was rejected, as document is not relevant to matter in issue - Writ petition was filed by plaintiff against the rejection of application for exhibition of document, which was also rejected - Again an..........
