Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Dismissal of application - Reasons given for dismissal of application not considered by High Court while deciding second appeal - Impugned judgment set aside - Matter remitted for decision afresh...........
Civil Procedure Code, 1908, Section 35, 35A -- Costs - Order to pay to State - Once so ordered costs should be paid to the State and not to the High Court Legal Services Committee as it is not `State' that spends money on providing judicial infrastructure...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - At initial stage of the suit where pleadings are not complete, Court will not go into merits of controversy while adjudicating upon amendment of pleadings - If plaintiff is seeking amendment of plaint, he ought to be given opportunity to establish his case...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Court will not go into correctness and falsity of amendment while deciding upon whether amendment should be allowed or not - Merits of amendment sought to be incorporated by way of amendment are not to be adjudged at stage of allowing prayer of amendment...........
Civil Procedure Code, 1908, Section 47 -- Execution - Decree for permanent injunction - Judgment Debtor producing fresh documents claiming title over suit land - Held, Executing Court or High Court in revision cannot go behind the decree by looking into fresh documents...........
Civil Procedure Code, 1908, Order 8, Rule 6-A -- Suit for permanent injunction - Plaintiff claiming exclusive possession - Defendant claiming that parties are in joint possession of the property - Counter claim whereby defendant seeking partition of the same - Title of suit property in dispute - Counter claim beyond pecuniary jurisdiction of Court - Held, counter claim not..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Appeal - Stay - Where serious civil consequences follow from an order, it is imperative for the Appellate Court to suspend the operation of the order more so when appeal is admitted...........
Civil Procedure Code, 1908, Order 41, Rule 1(3) -- Money decree - Stay of execution - Court while granting stay of execution of the decree must take into consideration the facts and circumstances of the case - Court is not to act arbitrarily either way - If a stay is granted, sufficient cause must be shown, which means that the materials on record are required to be..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Undervaluation of suit - Plaint not to be rejected straightaway - Plaintiff is allowed to rectify the defect and only upon its failure to do so Court is to reject the plaint...........
Civil Procedure Code, 1908, Order 6, Rule 17, Court Fees Act, 1872, Section 6(5) -- Plaint - Amendment sought to pay the proper Court fee - Amendment allowed - Held, once deficiency of Court fee is made good within time allowed by Court, the date of institution of the suit would be deemed to be the date on which the suit was filed...........
