Civil Procedure Code, 1908, Order 22, Rule 4 -- Substituted defendants - Additional written statement - A person made party U.O.22.R.4 CPC though is entitled to make any defence but such defence should be appropriate to his character as legal representative of deceased defendant...........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Substituted defendants - Additional written statement - No averments as to what defence was sought to be raised by defendants - Substituted defendants cannot be allowed to set up a new case under the garb of right vested in them by virtue of provision in O.22.R.4(2) CPC - Predecessor in interest of defendants had already..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - No right vested in favour of a party to get commission issued - Rather same is an enabling provision that enables Court to appoint a Commissioner if it is of opinion that same is required in a case...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit land is joint and defendant was trying to usurp best portion of same without getting it partitioned as per plaintiff - However, defendant has raised a specific plea that suit land stood partitioned and partition had been implemented - Appeal filed against order of partition was dismissed in..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex parte decree - Setting aside - Counsel engaged did not appear - No reasonable cause as to why applicant could not be present on the date when Court directed to proceed ex parte was shown/pleaded by applicant - Dismissal of application calls for no interference...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex parte decree - Setting aside - Plea that counsel did not inform applicant of further proceedings - No absolute rule that a party can disown its Advocate at any time and seek relief - No such absolute immunity can be recognized - Such an absolute rule would make the working of system extremely difficult - Order..........
Civil Procedure Code, 1908, Order 26, Rule 9, Civil Procedure Code, 1908, Order 39, Rule 7 -- Appointment of Commissioner - Difference between O.26.R.9 CPC and O.39.R.7 CPC - Civil court has power to appoint Commissioner both U.O.26.R.9, O.39.R.7 CPC - In terms of O.39.R.7 CPC, civil Court can appoint Commissioner for the purpose of inspection of any property which is the..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - Parties have not led their evidence and there was no issue before Court that require elucidation - Trial Court committed error while appointing Commissioner U.O.26.R.9 CPC - Order of appointment of Commissioner set aside...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - When Court on the basis of ocular and documentary evidence is not in a position to come to a definite conclusion on a particular issue or fact, same can be clarified by issuing a commission for local investigation...........
Civil Procedure Code, 1908, Section 151 -- Recall of PW2 for cross examination - There was no representation on behalf of defendant as such his right to cross examine PW2 was forfeited - Defendant was suffering from ill health - Medical documents show that defendant was suffering with prostatomegaly and umbilical hernia - Application allowed...........
