Civil Procedure Code, 1908, Section 92 -- Application for leave to file suit u/s 92 of the Code - Application be annexed with the plaint as maintainability of application can be decided on the basis of averments in the plaint...........
Civil Procedure Code, 1908, Section 92 -- Suit against trust - Leave to file suit - Permissibility - Trust deed was executed in favour of respondents - Purpose of transferring the property is for development of Hindi Language and opening a library - Property gifted for a lawful purpose i.e a trust - Respondents not taking any interest in achieving the purpose for which..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within time - Neither any exceptional reasons assigned by defendants for not filing written statement within time nor any application for extension of time to file written statement was filed - It is case of laxity or gross negligence on part of defendants - Defendants are not serious in defending..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Handwriting expert - Execution and signatures on agreement to sell denied by defendant - It was therefore, for the plaintiff to give evidence in affirmative - Right to lead evidence in rebuttal arises only if defendant had led any evidence in affirmative on the issue - Evidence in rebuttal cannot be..........
Civil Procedure Code, 1908, Section 2(2), Order 7, Rule 11, Civil Procedure Code, 1908, Order 43, Rule 1(a) -- Rejection of plaint - Amounts to decree - Appeal thereagainst is maintainable...........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11, Civil Procedure Code, 1908, Order 43, Rule 1(a) -- Rejection of plaint - Court can reject plaint by exercising its inherent jurisdiction and order is appealable by virtue of O.43.R.1(a) of the Code...........
Civil Procedure Code, 1908, Section 100, Order 22, Rule 3 -- Second appeal - Maintainability - Order allowing application U.O.22.R.3 CPC, is not decree, as there is no adjudication of rights of parties on merit - Second appeal against such order is not maintainable...........
Civil Procedure Code, 1908, Order 15A(A -- Rent and eviction - Relationship of landlord and tenant denied - Question of pressing into service O.15-A CPC does not arise...........
Land Acquisition Act, 1894, Section 23, Civil Procedure Code, 1908, Order 1, Rule 10 -- Acquisition of land - Compensation - Post-acquisition allottee of land is neither a necessary party nor proper party and has no locus standi to be heard in the matter of determination of compensation...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Land acquisition proceedings - Neither Trial Court refused to receive the evidence nor it can be said that evidence sought to be adduced was not available despite the exercise of due diligence - Evidence not necessary to pronounce the judgment - Additional evidence cannot be permitted to fill the lacuna..........
