Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Examination of an expert - Cannot be allowed in rebuttal, as this was well within the knowledge of plaintiffs at the time when they were leading evidence in affirmative - Application rightly rejected...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - High Court cannot set aside concurrent finding of fact given by Courts below unless a substantial question of law is raised...........
Civil Procedure Code, 1908, Order 21, Rule 11, Civil Procedure Code, 1908, Order 22, Rule 4 -- Execution - Eviction order - Death of original tenant - Impleadment of all legal heirs not necessary - Tenancy devolves on legal heirs as joint tenants, therefore, even when only one of legal heirs of deceased tenant, who is in possession of property is impleaded in execution..........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Affidavit of examination-in-chief - L.R. of deceased plaintiff cross examined on several dates - Death of witness before completion of his cross examination - Suit cannot be decreed only on the basis of affidavit of said witness...........
Civil Procedure Code, 1908, Order 41, Rule 1, Civil Procedure Code, 1908, Order 8, Rule 6A, , Section 11 -- Consolidated appeal against partial decretal and dismissal of counter claim - Not maintainable - There were two distinct adjudications though made by way of same judgment - Both these adjudications assume status of decree and they are required to be challenged..........
Civil Procedure Code, 1908, Section 96 -- First Appeal - Maintainability - Dismissal of suit for no, prosecution - Trial Court dismissed suit and passed a decree accordingly - Effect of such an order would preclude the plaintiff from filing same suit on the same cause of action - Such a decision can have the status of decree, as such determination shall conclusively put to..........
Civil Procedure Code, 1908, Order 9, Rule 8 -- Dismissal of suit for no, prosecution - Plaintiff being a old man and not keeping well and also has to look after her daughter and as such could not depose into the matter and sought time on that count - However, advocate of plaintiff sought time to withdraw his appearance - Evidence of plaintiff was accordingly closed and..........
Civil Procedure Code, 1908, Order 3, Rule 4, Advocates Act, 1961, Section 35, Constitution of India, 1950, Article 225 -- Court of Karnataka Rules, 1959, Ch.5, Rr.1, 2 - Appointment of new advocate - In absence of `no objection' of the advocate already on record - Party may discharge his advocate anytime, with or without cause by withdrawing his vakalatnama or..........
Civil Procedure Code, 1908, Order 3, Rule 4, Advocates Act, 1961, Section 35, Constitution of India, 1950, Article 225 -- Court of Karnataka Rules, 1959, Ch.5, Rr.1, 2 - Appointment of new advocate - In absence of `no objection'of the advocate already on record - Party has absolute right to appoint a new advocate - Even, party cannot be denied of his right to appoint a new..........
Civil Procedure Code, 1908, Order 3, Rule 4, Advocates Act, 1961, Section 35, Constitution of India, 1950, Article 225 -- Court of Karnataka Rules, 1959, Ch.5, Rr.1, 2 - Appointment of new advocate - If advocate is discharged by his client and advocate has any genuine claim against his client relating to the fees payable to him, appropriate course for him is to return the..........
