Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant did not contact his advocate for about 3 years from the date when ex parte proceedings were drawn against him, which shows gross negligence towards his own rights - Although, defendant stated that he was out of town for purposes of his livelihood, but neither place nor period during..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction and declaration - Concurrent findings recorded by both the Courts below decreeing suit of plaintiff, which cannot be interfered by High Court, particularly when there is no illegality committed by trial Court in decreeing suit filed by plaintiff - No substantial question of law arise..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Inconsistent plea sought to be taken by way of amendment - Amendment if allowed will take away the right which has already accrued to defendant by virtue of pleadings - Amendment rightly declined...........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Remand of case - Rebuttal evidence would only be allowed if other party had led evidence after remand...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Temporary injunction - Rejection of application - It is appeal and not writ petition which is maintainable thereagainst...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint averments alone must be taken into consideration while deciding application U.O.7.R.11 CPC and plaint documents have to be looked into...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Points raised by defendant in the application are matter for trial and same cannot be decided at this stage due to restricted scope of enquiry U.O.7.R.11 CPC - Application rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint can not be rejected on ground of subsequent event having taken place...........
Civil Procedure Code, 1908, Section 96 -- Appeal - By a person not party to the suit - A stranger cannot be permitted to file an appeal in any proceedings unless he satisfies Court that he falls within category of aggrieved person - It is only where a judgment and decree prejudicially affect a person who is not party to the proceedings, can prefer an appeal with leave of..........
Civil Procedure Code, 1908, Section 96 -- Appeal - By a person not party to the suit - A stranger not permitted to file appeal - However appeal at the instance of a `person aggrieved' can be filed with leave of Appellate Court - Expression `person aggrieved' does not include a person who suffers from a psychological or an imaginary injury - A person aggrieved must,..........
