Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Any question which requires to be decided on basis of evidence of parties, cannot be basis for rejecting a plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Barred by limitation - Question of limitation is a mixed question of fact and law which can only be determined conclusively after parties lead their evidence...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Contents of plaint alone are required to examined while considering application U.O.7.R.11 CPC - Neither defence nor evidence comes into play at this stage...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - Necessary party - What makes person a necessary party, is not merely that he has relevant evidence to adduce on some of issues involved in the lis, as that would only make him a necessary witness, but it is that without his presence, complete and final adjudication is impossible...........
Civil Procedure Code, 1908, Section 114 -- Review - Jurisdiction of review cannot be invoked for re-writing of judgment nor it vests appellate power in Court to examine at length and re-examine findings of Court - Scope of review of a judgment is not extensive and should be confined to error apparent on face of record, discovery of new and important matter or evidence...........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Admission in evidence and making exhibit of a document - Does not prove it automatically unless same has been proved in accordance with law...........
Civil Procedure Code, 1908, Order 21, Rule 11, 58(2) -- Execution - Executing Court giving effect to award of land acquisition compensation - Death of D.H. after passing of award - Will set up by one of the heirs of deceased - Enquiry by Executing Court as to genuineness and validity of will - Adjudication of rival claims in respect of immovable property can always be done..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97 -- Execution of decree - Objection raised by occupant of immovable property - Executing Court required to conduct full-fledged inquiry into issues raised by objector, which includes leading evidence by party...........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A, 24 -- Remand - Will - Parties had adduced all their evidence, whatever they wished to and it had not been case of plaintiff that they were denied any opportunity to produce any particular evidence or that trial is vitiated because of any alike reason - High Court meticulously examined the evidence and circumstances and..........
Civil Procedure Code, 1908, Order 13, Rule 3 -- Unregistered and unstamped agreement - Admissibility in evidence - Objection not raised by defendant to filing of document as well as exhibition and admission thereof in evidence - Objection subsequently taken could only be decided at last stage of trial - Objection rightly rejected...........
