Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of advocate commissioner - Petitioner wants to prove existence of a structure in plaint by appointment of an advocate commissioner, which can never be said to be either gathering of evidence or to note down his possession and enjoyment of property - Application allowed...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Application filed by defendant at the very initial stage - Application has to be filed at the time of leading evidence - Order allowing application set aside - Report of Local Commissioner discarded...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Order granting temporary injunction to plaintiffs in respect of an area beyond the land allotted to plaintiff is a perverse order - Appellant Court rightly set aside order of trial Court granting temporary injunction...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Provision of O.41.R.27 CPC does not apply to filing documents before appellate Court while challenging validity of an order of temporary injunction...........
Civil Procedure Code, 1908, Order 5, Rule 19 -- Service of summons - Requirement to examine process server on oath arises only when returned notices have not been verified on oath...........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Recourse to substituted service U.O.5.R.20 CPC is neither mandatory nor a condition precedent for treating service as valid...........
Civil Procedure Code, 1908, Order 5, Rule 17 -- Service of summons - Mentioning address of witnesses is not mandatory...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant has failed to produce any evidence to rebut presumption of proper service - He failed to discharge initial burden - There was thus, no obligation on plaintiffs to produce process server as a witness - Suit remained pending from 2008 till 2022, when ex-parte decree was passed -..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Where appellate Court permits additional evidence to be adduced, O.41.R.27 CPC casts a mandatory obligation upon Court to record reasons for such admission...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Provision has no application where appellate Court is in a position to render a satisfactory and reasoned judgment on basis of evidence already available on record...........
