Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Impugned order of allowing review petition has not adverted to an error apparent on the face of record, but has taken up an error on re-appreciation of case and counter case of parties - Review order records a few findings extending far beyond actual working out of prayers in a suit for partition - Order..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Petitioners claimed that prior agreement to sell was executed in their favour before execution of present agreement to sell - Certain portions of land are also stated to have transferred to them by way of different sale deeds - Some litigation is stated to be pending..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Incorrect findings cannot be challenged by way of review petition - Only remedy in the said aspect available is appeal...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Under garb of review petition, applicants cannot be allowed to re-argue the case as review Court cannot sit in appeal over its own decision...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Review petition is not maintainable on basis of subsequent judgment having been rendered in favour of petitioner in another case...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Plaintiff filed a suit for declaration of ownership on basis of sale deed and also challenged the subsequent sale deed in favour of respondent no.1 - Application for impleadment of another buyer of subsequent sale deed was filed after 8 years of filing of suit - On the date of filing application..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17 -- Impleadment of a party - Even in an application U.O.1.R.10 CPC for addition of a party, O.6.R.17 CPC is required to be followed for the purpose of consequential amendment(s) - When main purpose is to bring change in the nature of relief in the suit, plaintiff ought to have stated..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Compromise - When parties enter into a lawful compromise before a mediator, such settlement once reported and accepted by Court, carries binding force of a decree U.O.23 CPC...........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 1 -- Right to begin - Eviction suit - When basic ground of eviction sought for is default in payment of rent, it would always be plaintiff/landlord who should lead evidence first - Denial on the part of defendant is strictly a defence that they have taken and to prove the same it is not required for defendants to lead..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for declaration and permanent injunction on basis of Will - For purposes of grant of interim injunction, it is sufficient that plaintiffs have a Will in their favour which prima facie establishes a case in their favour - Factum of veracity, authenticity and legality of Will is a matter of trial..........
