Civil Procedure Code, 1908, Section 148 -- Enlargement of time - Decree for specific performance - Extension of time to pay balance sale consideration - When there is no rider attached with the decree that in the event of no, deposit of the amount within stipulated period, the decree would have the affect of nullification, then Court passing the decree in its legal..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of second suit on same cause of action - Previous suit was filed by plaintiff alleging interference in peaceful possession over suit property and threat to raise further construction whereas present suit was filed by plaintiff with regard to possession on basis of title - Moreover, defendant has admitted in written..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of second suit on same cause of action - Defendant has to establish that second suit filed by plaintiffs is based on same cause of action on which earlier suit was filed and they have omitted to claim relief available to them in earlier suit without obtaining leave of Court...........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Examination of an expert - Cannot be allowed in rebuttal, as this was well within the knowledge of plaintiffs at the time when they were leading evidence in affirmative - Application rightly rejected...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - High Court cannot set aside concurrent finding of fact given by Courts below unless a substantial question of law is raised...........
Civil Procedure Code, 1908, Order 21, Rule 11, Civil Procedure Code, 1908, Order 22, Rule 4 -- Execution - Eviction order - Death of original tenant - Impleadment of all legal heirs not necessary - Tenancy devolves on legal heirs as joint tenants, therefore, even when only one of legal heirs of deceased tenant, who is in possession of property is impleaded in execution..........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Affidavit of examination-in-chief - L.R. of deceased plaintiff cross examined on several dates - Death of witness before completion of his cross examination - Suit cannot be decreed only on the basis of affidavit of said witness...........
Civil Procedure Code, 1908, Order 41, Rule 1, Civil Procedure Code, 1908, Order 8, Rule 6A, , Section 11 -- Consolidated appeal against partial decretal and dismissal of counter claim - Not maintainable - There were two distinct adjudications though made by way of same judgment - Both these adjudications assume status of decree and they are required to be challenged..........
Civil Procedure Code, 1908, Section 96 -- First Appeal - Maintainability - Dismissal of suit for no, prosecution - Trial Court dismissed suit and passed a decree accordingly - Effect of such an order would preclude the plaintiff from filing same suit on the same cause of action - Such a decision can have the status of decree, as such determination shall conclusively put to..........
Civil Procedure Code, 1908, Order 9, Rule 8 -- Dismissal of suit for no, prosecution - Plaintiff being a old man and not keeping well and also has to look after her daughter and as such could not depose into the matter and sought time on that count - However, advocate of plaintiff sought time to withdraw his appearance - Evidence of plaintiff was accordingly closed and..........
