Civil Procedure Code, 1908, Section 100 -- Second appeal - High Court in exercise of its power u/s 100 CPC should not interfere in the findings of fact recorded by first Appellate Court which is final Court of fact or concurrent findings of fact unless same are based on no evidence or perverse...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Issue of limitation is a mixed question of fact and law - Trial Court rightly deferred the issue of limitation to be considered after framing of issue and recording of evidence of parties - Application for rejection of plaint rightly dismissed...........
Civil Procedure Code, 1908, Order 5, Rule 15 -- Serving of summons - On adult member of family whether literate or illiterate is a valid service...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Serving of summons - Mother of defendant accepted the summons on his behalf - They both are residing in the same house and also having a joint mess - Defendant admitted that signatures on the backside of summons were his mother's - He thus, had knowledge not only about institution of suit but..........
Civil Procedure Code, 1908, Order 23, Rule 3, 3A -- Compromise decree - Challenge as to - Compromise decree which is vitiated by fraud, coercion or misrepresentation, undue influence or mistake can be recalled by same Court - Separate suit to challenge such decree is clearly barred by O.23.R.3-A CPC...........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Extraordinary writ jurisdiction of High Court vested by Art.226 of Constitution, cannot be invoked to challenge judicial orders passed by civil Courts...........
Civil Procedure Code, 1908, Order 21, Rule 64, 66 -- Execution - Auction sale - Attachment of property - JD cannot stall execution of money decree on the ground that he filed petition to set aside ex-parte decree unless stay of execution is obtained - Order of sale and attachment of suit property held, Proper...........
Civil Procedure Code, 1908, Order 21, Rule 64, 66 -- Execution - Auction sale - JD contended that suit property is not in his possession since 15 years - However, it is not case of JD that suit property is not belong to him and there is no explanation as to how suit property is not in his possession - There is not even the contention of JD that any third party who is in..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - While considering prayer for amendment of pleadings, Court must make a distinction between substantive and formal amendments...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Mere addition of prayer comes in category of formal amendment...........
