Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Report - Objections - Court should first examine report in the light of objections or submissions of parties and other relevant factors and decide as to whether same is to be accepted as part of record or not - Evidentiary value of commissioner's report can be done at a later stage only after accepting..........
Civil Procedure Code, 1908, Section 92, Order 1, Rule 8 -- Representative suit for possession and mandatory injunction - Suit for declaration that schedule property belongs to trust - Suit ought to have been either on behalf of deity or if proper reliefs are claimed in terms of S.92 CPC in relation to management and securing property, it should have gone u/s 92 of CPC...........
Civil Procedure Code, 1908, Section 2(2), Order 1, Rule 8 -- Representative suit for possession and mandatory injunction - Suit for declaration that schedule property belongs to trust - No reliefs purely declaratory in nature could have been granted in an ill-constituted appeal and cross objection - Decree as such passed by Trial Court, would only confuse matter relating..........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Eviction suit - Striking off defence - Denial of existence of landlord and tenant relationship by tenant - Tenant may not be required to deposit amount admitted to be due at or before first hearing of suit but he would still be required to deposit monthly amount due within a week from the date of its accrual throughout the..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Framing of issues - Court has power to alter issues at any time before pronouncement of judgment - But, when a party seeks for amendment of issues or recasting of issues, it is incumbent on party to show as to how Court has not properly dealt the facts affirmed by one party and denied by another party while framing issues...........
Civil Procedure Code, 1908, Order 14, Rule 3, 5 -- Framing of additional issues - Issue as to rectification of survey number - Suit for specific performance - No objection raised by defendants in their written statement with regard to said relief - In such situation, it is not open for defendants to contend that Court below has not properly framed the issues - Application..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Not permissible on the ground that decision is either incorrect or erroneous on merits, as same lies only within the ambit of higher Court having appellate power...........
Civil Procedure Code, 1908, Section 151, 152, Order 23, Rule 3A -- Rectification/correction of compromise deed - Scope of Ss.151, 152 CPC is only to rectify the clerical error in the judgment - Scope cannot be extended to meet out the allegations of fraud in recording compromise and passing of consequent award on the basis thereof - If at all plaintiff is aggrieved by..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 4 -- Temporary injunction - Status quo order - Sustainability - Suit for specific performance and permanent injunction - Entire case of plaintiff based on premise that defendant No.3 was acting on behalf of defendant Nos.1 and 2, when he signed the agreement to sell - However, there is not even a shadow of evidence produced..........
Civil Procedure Code, 1908, Section 115, Order 26, Rule 9 -- Local Commissioner - Dismissal of application - Revision against same is not maintainable...........
