Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Replica not filed by plaintiff with leave of Court - Mere acceptance of replica on record will not amount to permission or leave to file replica...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Where the concurrent findings of facts based on appreciation of oral and documentary evidence of two Courts below are on record, no substantial question of law arises in the matter - Second appeal dismissed in limine...........
Civil Procedure Code, 1908, Order 16, Rule 21 -- Summoning of defendant as plaintiff's witness - Plaintiff can seek to summon defendant as his witness but same cannot be allowed as a matter of right and Trial Court is required to consider the purpose for which, witness is proposed to be summoned and thereafter consider application by assigning proper reasons...........
Civil Procedure Code, 1908, Order 16, Rule 21 -- Summoning of opponent as a witness - Not desirable judiciously - However, in case Court comes to conclusion that opponent's evidence is necessary then to summon the opponent as a witness...........
Civil Procedure Code, 1908, Section 9, Himachal Pradesh Land Revenue Act, 1954, Section 46 -- Jurisdiction of civil Court - Suit related to entries of revenue record - Plaintiff claimed that her name was not incorporated by revenue officials in column of ownership and possession despite acquiring status by way of adverse possession - Such denial to record name of plaintiff..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Application for setting aside ex parte order was filed on the very next day when ex parte order was passed - No delay on part of petitioner - Petitioner cannot be blamed for delay caused in disposal of suit - Merely because suit is pending for more than 10 years, petitioner cannot be put into..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Suit for recovery of money for damages - Damages fastened on defendants on the ground that their omissions and commissions have caused damages to building of plaintiff rendering the same uninhabitable - Said finding is based upon report of an expert, prepared and issued by a private..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Documents in question are all post suit documents and are all Xerox copies - Reasons accorded for production of additional evidence do not meet the requirements of O.41.R.27 CPC - Application rejected...........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Civil Court has no power to dispute validity of assignment of lands given by Government...........
Civil Procedure Code, 1908, Order 2, Rule 2, Civil Procedure Code, 1908, Order 23, Rule 1(4) -- Application U.O.2.R.2 CPC and O.23.R.1(4) CPC - For invoking provisions, Court is required to arrive at a specific finding that cause of action in previous suit and suit before it was same - Unless there is similarity of cause of action in previously instituted/withdrawn suit..........
