Civil Procedure Code, 1908, Order 13, Rule 10 -- Application U.O.13.R.10 CPC - Withdrawal of civil revision to file an application O.13.R.10 CPC - Does not in any manner vest petitioners with a right to have their said application allowed...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Eviction suit - Tenant sought to produce some additional evidence - However, suit was contested by tenant for about 16 years - No averment in application that why alleged additional evidence is necessary to decide real controversy involved in the revision - Application filed on mere..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r), Civil Procedure Code, 1908, Section 104(1)(i), Constitution of India, 1950, Article 227 -- Temporary injunction - Revision under Art.227 Constitution of India thereagainst - Remedy of appeal is provided U.O.43.R.1(r) and S.104(1)(i) against an order of temporary injunction -..........
Civil Procedure Code, 1908, Section 115 -- Revision - Renewal of lease - Remitting matter back to Executing Court - Merely because execution petition will revive is no ground to hold that order is not a final order which will bring end of proceedings - If Executing Court accepts the contention of the respondents that the lease could not have been extended, then also it..........
Civil Procedure Code, 1908, Order 13, Rule 3 -- Admissibility of document - Objection as to admissibility of document can be raised at any stage even in appeal or revision - Decision of trial Court to decide objection at the time of final arguments qua admissibility held, proper...........
Civil Procedure Code, 1908, Section 115 -- Revision - Decree of specific performance modified to a decree of refund of sale consideration by High Court in a revision filed against execution proceedings - Such a course is not open in law...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Appointment - In revision filed u/art.227 of Constitution, High Court would not interfere with order passed by trial Court either appointing or refusing to appoint a local commissioner - However, if there is no option left but to appoint a local commissioner to determine correctness or otherwise of..........
Civil Procedure Code, 1908, Section 47(1) -- Revision - Maintainability - Parties are in litigation since long time and has not ended - Respondent is in possession of suit property - Necessary ingredients which constitute adverse possession, are completely missing in the plaint - Thus, plea in revision petition is a pure question of law and can be raised at any stage of..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Issue of jurisdiction, cause of action and limitation can only be decided after framing of necessary issues and leading of evidence by parties, in view of pleadings made in plaint - No indulgence granted in favour of defendant in revision petition - Application rightly dismissed...........
Civil Procedure Code, 1908, Section 115 -- Revision - Maintainability - Stay of operation of order granted during pendency of restoration application - Petitioner has a remedy to file stay vacation application or to pursue restoration application for decision expeditiously - Revision against such an order is not maintainable...........
