Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession - Concurrent findings of Courts below decreeing suit of plaintiff on basis of demarcation report - Both the Courts below after due appreciation of all attending facts and circumstances approved demarcation - Defendant has not raised any objection to demarcation report - No interference warranted..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for vacant possession and permanent prohibitory injunction - Concurrent findings of two Courts below holding that plaintiff established his ownership over suit land and thus, entitled to relief of permanent prohibitory injunction - No illegality and infirmity in impugned orders of Courts below - No..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Petition by wife - Husband has not come forward to contest the appeal/divorce petition, nor he has led any evidence before family Court save for his affidavit which was also his testimony verbatim - Therefore, for all intents and purposes, husband has distanced/divorced himself from wife's life as discernible from his..........
Civil Procedure Code, 1908, Order 41, Rule 19 -- Correction of error in restoration application for restoration of appeal dismissed in default - Court below committed error by rejecting said application for correction on the ground that said application was not maintainable rather application should have been filed under provisions of O.22.R.4 and O.6.R.17 CPC - Impugned..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for injunction & possession - Concurrent findings of two Courts below that defendant had not encroached upon land of plaintiff - No illegality and perversity in said findings - Plaintiff has been non-suited simply on basis of findings of facts - No substantial question of law has arisen in the case - Second..........
Civil Procedure Code, 1908, Section 151 -- Recall of order - Quashing of order granting probate of Will - Order granting probate is a beneficial order for applicants - Applicants were not party in appeal - Order of granting probate has been quashed behind the back of applicants merely on basis of consent given by executor of Will - Applicants were required to be heard..........
Civil Procedure Code, 1908, Order 8, Rule 9, Constitution of India, 1950, Article 227 -- Additional written statement - Order allowing application for additional written statement - Petition u/art 227 of Constitution - When legislature has left it to discretion of Court to decide on permitting subsequent pleadings U.O.8.R.9 CPC, without any restriction similar to O.6.R.17..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Cheque was issued as a security therefore no liability u/s 138 of the Act can be fastened upon respondent - No witness was examined to verify authenticity of ledger statement - Entries in books by themselves are not sufficient enough to charge any person with liability - Moreover,..........
Civil Procedure Code, 1908, Section 96 -- Appeal by third party - A person who is affected by a judgment but is not a party to suit, can prefer an appeal with leave of Court - Sine qua non for filing an appeal by a third party is that he must have been affected by reason of the judgment and decree which is sought to be impugned...........
Civil Procedure Code, 1908, Section 151 -- Final partition decree - Cannot be recalled u/s 151 CPC when alternative remedy of appeal exits - High Court erred in exercising its jurisdiction u/s 151 CPC recalling final decree rather than directing respondents to pursue effective alternate remedies under law...........
