Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar to subsequent suit - Filing of plaint of earlier suit and proving it as per law - Imperative to sustain the plea of O.2.R.2 CPC...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar to subsequent suit - High Court in revision holding that suit is barred by O.2.R.2 CPC - But in the judgment there is no mention that plaint in the earlier suit is proved - Matter remitted back - In case plaint in the earliest suit is not brought on record and proved, prayer for amendment shall not be entertained to bring..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for cancellation of sale deed - Sale deed in question was registered document - Plaintiff filed the suit on the basis that her mother was not well and sale deed was got executed by playing fraud by defendant - Defendant was none other than real sister of mother of plaintiff - Prior to execution of sale deed..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Evidence when not in knowledge or could not be produced even after exercise of due diligence, then additional evidence should be allowed...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Document sought to be produced by way of additional evidence not in knowledge of plaintiffs and came to their notice subsequently - Application filed by plaintiffs cannot be said to be filed with malafide intention - However, no reason mentioned by trial Court as to how document in question not relevant for..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Can be considered at the time of hearing of appeal...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought at the stage when evidence of plaintiffs was yet to start - Nature of suit was also not going to be changed nor any other alleged accrued right in favour of defendants was likely to be prejudiced - Amendment sought to avoid multiplicity of litigation between parties - Moreover, an..........
Civil Procedure Code, 1908, Section 151 -- Stay of execution proceedings during pendency of application U.O.9.R.13 CPC - Suit for possession by way of specific performance - Executing Court already ordered and got executed sale deed in favour of DH - It was thus too late in the day for JD to move the application u/s 151 CPC for staying the execution proceedings -..........
Civil Procedure Code, 1908, Section 50 -- Execution - Decree of permanent injunction - When J.D. dies before decree is satisfied, it can be executed against his legal representatives...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Non-framing of substantial question of law - Partition suit - Held, having regard to nature of controversy and issues involved regarding ownership based on interpretation of documents, questions did constitute substantial questions of law - High Court unfortunately did not examine any document for deciding..........
