Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - If no substantial question of law arose in the case then appeal could not have been entertained and ought to have been dismissed at the stage of admission...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - High Court allowed appeal in the absence of framing any substantial question of law that too at the admission stage without issuance of notice to other plaintiffs and by hearing only plaintiff no.2 who was only caveat - Said errors are compounded by fact that a sum of Rs.50,000 cost..........
Civil Procedure Code, 1908, Section 21 -- Territorial jurisdiction - Objection as to - Issue of territorial jurisdiction of Court was not raised at the earliest possible opportunity - Objection filed at the stage when suit was posted for evidence of plaintiff - No case that non-consideration of issue of territorial jurisdiction would result in failure of jurisdiction as..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Suit for declaration of title - Defendant admitted in his written statement about existence of structure, stairs over galli in between the house of plaintiff and defendant - He squarely supports case of plaintiff - Order rejecting application is proper...........
Civil Procedure Code, 1908, Order 16, Rule 1(3) -- Summoning of a witness whose name is not mentioned in the list of witnesses - Sufficient cause for omission to mention his name in the list of witnesses has to be shown...........
Civil Procedure Code, 1908, Order 16, Rule 1 -- Summoning of witness - Merely summoning a witness to produce a document does not imply that a decision on the relevancy of document was taken...........
Civil Procedure Code, 1908, Order 13, Rule 10(1) -- Call of records of any suit or proceedings from other Courts - Civil Court is not barred from calling for and inspecting evidence tendered in a criminal proceeding - However, admissibility and relevance of the same is subject to the document being proved as per the provisions of Evidence Act...........
Civil Procedure Code, 1908, Order 41, Rule 31 -- First appeal - Points for determination not framed - Mandatory provision of O.41.R.31 CPC not followed - Judgment of First Appellate Court set aside and matter remitted for fresh decision...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Cannot be filed after framing of issues...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Additional written statement - When additional written statement is not mutually destructive and admission made in the written statement are kept in tact and defendant want to explain their existing ground, application to seek leave to file additional written statement may be considered liberally...........
