Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Wrong reading or interpretation of any exhibited document may constitute a ground for appeal, but it would not confer upon this Court power to correct such error by exercising review jurisdiction...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Judgment passed in second appeal - Petitioner failed to satisfy as to which of plea urged by them in course of hearing of second appeal was vitiated by error apparent on face of record or which fact or document was later on discovered, which despite due diligence could not be produced at the time when..........
Negotiable Instruments Act, 1881, Section 4, 87, Civil Procedure Code, 1908, Order 8, Rule 1 -- Promissory note - Filled up in two separate inks - Amount of Rs.35,000/- also filled up in two separate inks - Plea that this aspect not stated in the written statement - Plaintiff in the first instance should have stated in the plaint the reason behind this aspect - Suppressing..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for partition - Third party, whose property is included in the schedule of property, can be allowed to be impleaded as a party to the suit instead of driving him to file a separate suit - Plaintiff should be made to discharge the burden of proof of first establishing that the disputed property..........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of party - Plea of non-joinder cannot be raised at appellate stage...........
Civil Procedure Code, 1908, Order 22, Rule 1 -- Abatment of suit - Once the plaint - itself is rejected, the question of any legal heirs of any of the defendants for the purpose of defending the suit or pursuing the petition, would cease to arise in the first place...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit filed by plaintiffs for challenging sale deed executed by defendants in favour of defendant no.6 - Property in question inherited by parties equally - Defendants sold half share out of suit property - Plaintiffs have no prima facie case or balance of convenience in their favour for grant of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for cancellation of sale deed - Sale of ancestral property - Question of nature of property as to whether ancestral property or self acquired property can only be decided after parties lead evidence - Temporary injunction rightly declined...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Necessary parties are those persons in whose absence no decree can be passed - Proper parties are those persons whose presence before the Court would be necessary in order to enable the Court to decide and adjudicate the lis in an effective manner - Persons strangers to..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Two tests are to be satisfied: (i) there must be a right to some relief against plaintiff in respect of suit property; (ii) that in absence of petitioners no effective adjudication can be made by trial Court...........
