Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for injunction & possession - Concurrent findings of two Courts below that defendant had not encroached upon land of plaintiff - No illegality and perversity in said findings - Plaintiff has been non-suited simply on basis of findings of facts - No substantial question of law has arisen in the case - Second..........
Civil Procedure Code, 1908, Order 11, Rule 11, 21 -- Interrogatories - Defence can be struck off if interrogatories are not answered and not when answer to interrogatories may not be to the liking of the person delivering the interrogatories or allegedly incorrect...........
Civil Procedure Code, 1908, Order 11, Rule 11, 22 -- Interrogatories - Answer given in response to interrogatories can be used in evidence - Correctness and veracity thereof will be established only at trial - False answers given can be visited with consequences like perjury in accordance with law, since answers given in response to interrogatories can be used in evidence..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Where two suits are pending before Courts of two separate jurisdiction relating to two separate cause of actions, where subject matter also relates to two separate type of properties merely because one issue regarding Will is common and would have the material bearing, would not attract provisions of S.10..........
Criminal Procedure Code, 1973, Section 145 -- Dropping of proceedings u/s 145 Cr.P.C. because of pendency of civil litigation - While dropping proceedings Magistrate not justified in making any observation or returning any finding as regards rights of parties qua the property in dispute or to issue any interim direction for maintaining status quo by the parties -..........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 14 -- Late production of document - Reference of document sought to be produced has been made in pleadings - Document permitted to be taken on record subject to payment of Rs.25,000/- as costs - Application allowed...........
Civil Procedure Code, 1908, Section 151 -- Recall of order - Power u/s 151 CPC can be invoked to do real and substantial justice with parties to the lis...........
Civil Procedure Code, 1908, Section 151 -- Recall of order - Quashing of order granting probate of Will - Order granting probate is a beneficial order for applicants - Applicants were not party in appeal - Order of granting probate has been quashed behind the back of applicants merely on basis of consent given by executor of Will - Applicants were required to be heard..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - For purpose of deciding application U.O.7.R.11 CPC pleadings of plaint and documents referred thereunder are germane - Any other objection or document produced by defendants which is not reflected in pleadings or documents appended with plaint is not relevant at this stage...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of election petition - Inherent mistake - Amendment sought involving inherent mistake after 15 days restriction of filing election dispute - Impermissible in law - Order allowing amendment set aside...........
