Mutation -- Mutation entries are only fiscal in nature and these do not confer any title in respect of the property to which they relate nor do these entries extinguish right of a party in respect of the said property - Title to an immovable property is to be established by disputants before a civil court and not in mutation proceedings - Mutation is attested only in..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Plaintiffs have an absolute right to withdraw/abandon their suit as a whole or in part at any time after institution of suit and defendants at the most may claim some cost only but cannot oppose the prayer of plaintiffs for withdrawal/abandonment of their suit without seeking any liberty to file afresh..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 9 -- Ex parte decree - Setting aside - Tracking record not conclusive proof of service of summons - Requirements of O.5.R.9 have also to be considered by Court before service of summons upon defendant is held valid...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of second Commissioner - Report of Commissioner exhaustively dealt with and he was thoroughly cross-examined - Except pointing out statement in cross-examination of Commissioner, nothing is shown as to how repot of Commissioner is not sufficient to prove the case of plaintiff - Application rightly rejected...........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Loan transaction - Amount claimed in suit is not based on any document executed between parties or by defendant - Defendant has taken a categorical stand that entire loan amount was already repaid with interest - Admittedly, amount was received through cheques - Detailed..........
Criminal Procedure Code, 1973, Section 145, 146 -- Proceedings u/ss 145, 146 Cr.P.C - Cannot proceed and must come to an end once civil Court is seized of matter - Inter se rights of parties regarding title or possession are eventually to be determined by civil Court...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Condonation of delay - Delay of 424 days in filing application for setting aside ex parte decree - Defendant failed to explain delay by establishing sufficient cause within the meaning of S.5 of Limitation Act - Application for condonation of delay rightly dismissed...........
Civil Procedure Code, 1908, Order 41, Rule 25 -- Remand - Framing of new issues by appellate Court - Matter should have been referred to trial Court to take additional evidence on the issues newly framed and try such issues and return the evidence to it together with findings thereon and reasons thereof - Appellate Court not justified in setting aside the judgment and..........
Civil Procedure Code, 1908, Order 41, Rule 27, 28 -- Additional evidence - Appellate Court should have taken the additional evidence on record or direct trial Court to take such evidence and send it when taken and it could have specified the points to which additional evidence was to be confined - Only for the reason that additional documents had been taken on record, it..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Will - Plaintiff by way of additional evidence sought to summon thumb impression register from office of Sub-Registrar - However, plaintiff failed to prove the sound disposing state of mind of testatrix at the time of execution of Will and suspicious circumstances surrounding..........
