Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Value more than jurisdiction - Order set aside in appeal as exact value of property can be determined only when parties lead evidence - Plaint sent to Civil Judge (Senior Division) and not to Civil Judge (Junior Division) by holding that in case on the basis of evidence to be led by parties, it was found..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Second appeal - Permissibility - Litigation is pending since year 1986 - No such application for adducing additional evidence was filed before trial Court - No such application was also filed before first appellate Court - Present second appeal in year 1994 - Application was not filed alongwith appeal -..........
Civil Procedure Code, 1908, Order 26, Rule 10(2) -- Local Commissioners report - Objections filed - Failure or omission to consider objections - Commissioners report cannot be acted upon merely because report is admitted in evidence...........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Local commissioner - Surveyor's plan - Cannot independently be admitted as "evidence" in the absence of any reference in the commission report about its correctness or truth of the details shown therein...........
Evidence Act, 1872, Section 61, 62, Civil Procedure Code, 1908, Order 26, Rule 10 -- Admissibility of a document is different from reliability of evidence - Before a piece of evidence is appreciated, Court must make sure that it is admissible in law and it constitutes "evidence" as per law...........
Civil Procedure Code, 1908, Section 100 -- Concurrent findings of fact - Interference with - Second appeal - Finding of both the Courts below as to the possession of plaintiff in respect of plaint schedule property is based on evidence and reasoning and they cannot be said to be perverse - Held, this Court while dealing with the Second Appeal u/s 100 CPC will not interfere..........
Civil Procedure Code, 1908, Order 39, Rule 1,2 -- Temporary injunction - Plaintiff claiming right on basis of lease deed - Validity of lease deed can only be decided when parties lead evidence - Right of plaintiff to carry business from the disputed land can only be protected on the basis of his possession - No finding with regard to possession of plaintiff recorded -..........
Civil Procedure Code, 1908, Order 17, Rule 2, 3 -- Non-examination of material witnesses - Application of O.17.Rr.2, 3 - Only formal witnesses have been examined as no material witnesses could be examined by plaintiff and on date fixed further witnesses could not be produced for examination - Suit was dismissed U.O.17.Rr.3 of the Code after recording finding that no..........
Civil Procedure Code, 1908, Order 13, Rule 7, Stamp Act, 1899, Section 36, 61 -- Document not properly stamped - No objection raised by respondent regarding its admissibility - Held, since no objection was raised by respondents at the appropriate stage about admissibility of document, Court below was not justified in holding that document was not duly stamped hence..........
Civil Procedure Code, 1908, Section 148, Specific Relief Act, 1963, Section 28 -- Suit for specific performance - Conditional decree of specific performance - Delay of 4 days in deposit - Condonation of delay - Bona fide unintentional delay in depositing the amount - Even otherwise, no evidence has been led in order to prove that plaintiff/respondent had no money on the..........
