Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Suit for specific performance - Reason for non service of summons is no, availability of defendant when summons were about to be served - Despite correct address given, no steps were taken by plaintiff to serve defendant on correct address - Even otherwise, suit property is valuable and..........
Civil Procedure Code, 1908, Section 100, Order 6, Rule 17 -- Amendment of plaint - Order allowing amendment of plaint by first appellate Court - Not challenged by defendant no.2 and the same attained finality - Same cannot be challenged for the first time in second appeal...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Concurrent findings of fact by trial Court and first Appellate Court considering evidence led by both the parties - Finding not perverse - Cannot be interfered with in second appeal...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While deciding application for rejection of plaint, Court is not competent to go into correctness or otherwise of allegations contained in plaint - Plaint can be rejected if from bare perusal of statement in the plaint without any addition or substitution it appears to be barred by law or it does not..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for permanent injunction - Claiming title over disputed plot on the strength of patta issued by Gram Panchayat - Contention that Gram Panchayat had no jurisdiction to issue patta of disputed land, is a mixed question of fact and law and can be decided by trial Court on the basis of evidence of..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Counter claim after filing written statement - - Partition suit - Cause of action in respect of counter claim accrued to defendants before filing of written statements - Application for counter claim allowed...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Cannot be appointed to collect evidence for a party...........
Civil Procedure Code, 1908, Section 115, Order 26, Rule 9 -- Order declining appointment of local commissioner - Not revisable order as it does not decide any substantial right between parties...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Violation of decree has to be proved by DH for attracting action in execution of judgment and decree U.O.21.R.32 CPC - Even if, there is no violation of decree as on date in terms of specific instance, that itself will not preclude DH from taking action in terms of O.21.R.32 CPC at a subsequent stage, when such..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Injunction decree - Violation of decree - Plaintiff not specified any particular incident with reference to date, time and manner of occurrence in the petition - Cause of action for filing petition U.O.21.R.32 CPC cannot be advanced - Merely because defendant stated in his cross-examination that he was not bound..........
