Civil Procedure Code, 1908, Order 26, Rule 9 -- Report of Advocate commissioner - Evidentiary value - A party can countermand the evidence of Commissioner's report by letting in other evidence, as local examination of commissioner can only report on existing facts and not how they came about...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of advocate commissioner - Measurement and demarcation of suit lane by measuring property of both plaintiff and defendant - Injunction suit - Dispute as to encroachment of suit lane - However, there is no material on record to show what are the measurements of lane and by what document and what is encroachment..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Court may pass decree on admission not only on application of a party but also suo motu...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Decree on admission - Non-denial of facts - Tantamount to admission as per O.8.Rr.3 to 5 within the meaning of O.12.R.6 CPC...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Preliminary issue - Mixed question of law and fact - Cannot be decided as preliminary issue - To be decided finally at the time of deciding the suit...........
Civil Procedure Code, 1908, Order 6, Rule 15, Representation of the Peoples Act, 1951, Section 83(1) -- Corrupt practice - Election petition - Contents - Verification of pleadings - When there is already one affidavit which is accompanied with election petition, there is no need of second or additional affidavit U.O.6.R.15 CPC - Moreover, composite affidavit, which..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - When defendant dies after passing of ex parte decree against him, his legal representatives can apply U.O.9.R.13 CPC to set aside the ex parte decree...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Death of original defendant after ex parte decree - LRs of deceased defendant were brought on record - However, original defendant was not prevented by sufficient cause from appearing on the date of hearing and was negligent right from the initial stage of case - Summons were also duly served..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Bar U.O.9.R.9 CPC - Not applicable when earlier suit and subsequent suit are for partition, as suit for partition only brings severance of status and cause of action continues till there is actual partition...........
Civil Procedure Code, 1908, Section 141 -- Applicability - Right of appeal, revision or review are substantive rights and not matter of procedure and hence, cannot be claimed u/s 141 of the Code...........