Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Temporary injunction - Granted against defendant trust not to interfere with plaintiff's right of seva puja of deities - Order set aside in appeal - Admittedly, plaintiff trust was registered with due process - Right of seva puja was conferred on trust - Possession of trust..........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 12(2) -- Second opinion of expert/CFSL on signatures of Will in dispute - Permissibility - Ordinarily at the stage of evidence of plaintiff, Will in question should not be sent for second opinion on request of defendants, as defendants can lead evidence at the stage of defendant's evidence to rebut the report -..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession - Defendant is in possession of suit property since the time of his forefathers - Finding recorded by learned Courts below being finding of facts require no interference - No substantial question of law involved - Second appeal dismissed...........
Civil Procedure Code, 1908, Order 18, Rule 3, Civil Procedure Code, 1908, Order 14, Rule 1 -- Rebuttal evidence - Non framing of necessary and proper issues - Trial Court directed to frame three additional issues - Plaintiff to lead evidence in affirmative on issue on which onus to prove is on him and defendant to lead evidence on two other issues, the onus of which is on..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Matrimonial proceedings - Application U.O.7.R.11 CPC is not maintainable in matrimonial proceedings - Family Courts are advised to reject such applications in order to avoid delay in proceeding further - Family disputes ought to be decided as early as possible...........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Additional issues - Court not to dismiss application unless it holds that relief claimed is covered under a specific issue or issues to be raised are not required to be adjudicated - Impugned order dismissing application set aside and matter remitted for decision afresh...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - After filing of written statement and after framing of issues, cannot be entertained...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Proposed amendment neither changes character and nature of suit nor does it introduce any fresh ground - Amendment allowed...........
Civil Procedure Code, 1908, Order 23, Rule 1(3)(a) -- Withdrawal of suit - Formal defect - Expression `formal defect' means a defect of form and not a defect on merits of case...........
Civil Procedure Code, 1908, Order 23, Rule 1(3)(b) -- Withdrawal of suit - Expression `sufficient grounds' is given wider meaning but not restricted meaning so that right of a party is not prejudicially affected and legal remedy denied without adjudication...........
