Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Mere raising of construction on joint property by one of co-sharers cannot be termed to be an act of ouster of other co-sharers - Injunction rightly denied...........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Late production of documents - Documents were in existence at the time of filing of suit - No reason forthcoming either in application or during course of arguments as to why documents, photocopies of which were already on record were not produced diligently at appropriate stage - Evidence of both the parties was already..........
Civil Procedure Code, 1908, Section 115 -- (as amended in State of Orissa) - Revision - Maintainability - Order allowing application u/s 5 of Limitation Act - Application for condonation of delay in filing first appeal has no independent existence bereft of appeal - It cannot be said that said order passed in limitation application was passed in any original or independent..........
Civil Procedure Code, 1908, Section 34 -- Interest on delayed payment - Award of Lok Adalat - Compromise arrived at between parties during pendency of execution petition when matter was referred to Lok Adalat - Parties are bound by compromise in the matter of execution - Decree can be executed insofar as they are concerned only as per terms of compromise - Since, JD failed..........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Marking of document - Mere reserving right to plaintiff to take up point at a later stage would not by itself entitle for exhibiting disputed document in evidence and marking it as an exhibit and getting it admitted...........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Marking of document - Merely because trial Court observed that plaintiff therein who objected to marking of said document can agitate his objections at a later stage in his arguments on the main suit itself, would not entitle party to produce said document and to get it marked as Exhibit and get it admitted in the evidence...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court can only consider the averments in the plaint and documents relied upon by plaintiff - Stand of defendant is irrelevant...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Cannot be equated with merits of the suit...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for damages on account of defamatory and slanderous words used by defendant - Contention that plaintiff has not justified how she has claimed the amount of Rs.5 crores, is extraneous to the determination of whether plaint is to be rejected - It will be only after trial and on evidence produced that..........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Non-deposit of rent - Tenant admitted that she has paid rent from time to time and she is tenant - She also admitted that she has never paid rent before Court concerned after first hearing of suit as required U.O.15.R.5 CPC - Defence of tenant rightly struck off...........
