Civil Procedure Code, 1908, Order 6, Rule 14A -- Plaint - Address for service of summons - It is duty of plaintiff to furnish in the full cause title and separate and independent addresses which are known as registered address for service of all defendants...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Suit for declaration and permanent injunction against 102 defendants - Admittedly there is no addresses of defendants separately furnished and no summons to any registered address of defendants issued or obtained - There was not even any service of notice - Summons of all the defendants were..........
Civil Procedure Code, 1908, Order 23, Rule 3, 3A -- Compromise decree - Setting aside - Proper remedy to assail a decree on compromise is to file an application to recall order regarding compromise entered into between parties to suit - Fresh suit by one of parties to assail a compromise decree is not maintainable...........
Civil Procedure Code, 1908, Section 144 -- Restitution - Granting of restitution is mandatory and consequential to decree being varied or reversed or modified or set aside...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Setting aside ex-parte decree - Condonation of delay of 102 days in filing application - Court dismissed application filed u/s 5 of 1963, Act and ordered delivery of property on the very same day without granting time to petitioner to move to higher Forum - Prima facie, when termination of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - If leave to amend pleadings is granted then permission to the other party to consequently amend the pleadings is normally granted - However, no new plea can be permitted to be added in the garb of a consequential amendment though it can be applied by way of an independent amendment. (Gurdial Singh and..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Court should allow the party to file such additional evidence, if applicant is able to satisfy Court that there is justifiable reason for not filing such evidence at the trial stage and that additional evidence is relevant and material for deciding the lis...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Once additional evidence is allowed then appellate Court is under obligation to give opportunity to the other side to file additional evidence by way of rebuttal...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Allowed for the reason : (i) It was averred in application as to why additional evidence could not be filed in the suit; and that (ii) why there was delay on their part in filing such evidence at appellate stage; (iii) averments in application were supported with an affidavit, which..........
Civil Procedure Code, 1908, Section 96 -- First appeal - Jurisdiction of first appellate Court is very wide like that of trial Court - It is open to appellant to attack all findings of fact or law in first appeal - It is duty of first appellate Court to appreciate entire evidence and may come to a conclusion different from that of trial Court...........
