Civil Procedure Code, 1908, Order 8, Rule 9 -- Additional written statement - Can be allowed, if it is not likely to cause prejudice to the plaintiff and it is so relevant to prove the facts placed before the Court by the defendant, which cause no prejudice to the plaintiff even in the absence of any claim or set off or counter claim...........
Civil Procedure Code, 1908, Order 21, Rule 97(2), 58 -- Execution - Third party objections - Framing of issues - Objections if not totally frivolous then Court to frame issues and permit parties to lead evidence and to decide those issues...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Finding of fact - High Court can interfere only when it is challenged in second appeal that said findings are based on no evidence or are perverse, but even in that case a question of law has to be formulated and framed by the High Court to that effect...........
Civil Procedure Code, 1908, Section 35B -- Non payment of costs - Bar of further prosecution -Deemed waiver - Case adjourned subject to payment of cost - On the date next following the date of the order of the payment of costs, the issue not raised by either of the parties or taken notice of by the Court - The case is allowed to proceed further - It would follow that the..........
Civil Procedure Code, 1908, Order 23, Rule 1, 3 -- Compromise - Setting aside of - Appeal withdrawn on the basis of statement of parties - Application seeking recalling of the withdrawal order on the ground that compromise between parties not lawful - No written compromise created or presented before Court to record a compromise and pass a decree - Court simpliciter..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Status quo - In absence of any finding with regard to possession, Court cannot pass an order of status quo to be maintained by the parties...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Even if a party seeking injunction is capable to establish a prima facie case, unless he is in possession of the disputed property, the Court may refuse to grant injunction considering other ingredients such as irreparable loss and balance of convenience...........
Civil Procedure Code, 1908, Order 11, Rule 1 -- Interrogatories - Can be delivered with leave of Court to the parties to the suit and not to any person who is not a party to the suit...........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Amendment - Eviction sought from two rooms - Landlord during pendency of eviction petition forcibly dispossessed from two other rooms - By amendment of petition eviction cannot be sought from four rooms - Prima facie tenant is deemed to be..........
Civil Procedure Code, 1908, Section 9, Punjab Public Money(Recovery of Dues) Act, 1983, Section 4, Haryana Public Moneys (Recovery of Dues) Act, 1979, Section 3(4) -- Maintainability of Suit in the Civil Court - Issue framed regarding the non maintainability of the suit - Lack of jurisdiction of the Civil Courts forms part of the issue regarding maintainability of the..........
