Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Production of documents - Liberal approach can be adopted to give permission to petitioner so as to allow all necessary evidence to be placed before Court for adjudication of matter on merits rather than preventing the evidence on technical grounds - Application allowed...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for specific performance - When Courts below exercised discretion against plaintiffs refusing to pass decree, then same cannot be interfered in the limited scope of second appeal u/s 100 CPC...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for specific performance - Finding of possession recorded by Courts below is binding in second appeal - Second appeal dismissed...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file fresh suit on the same cause of action - Suit inadvertently filed in the name of business entity - Suit should have been filed in the name of person in whose favour lease deed was executed - There was no privity of contract between said business entity and defendant - Plaintiff..........
Mutation -- On the basis of Will - Not permissible - If propounder of Will wants to take advantage of a Will, then first of all he has to seek a declaration from civil Court of competent jurisdiction and only after the decree is passed, his name can be recorded on the basis of such decree...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Question of possession is necessarily a question of fact which has to be adjudicated by trial Court on the evidence led by parties - Since petitioners have tried to collect evidence which is not permissible under law - Application rightly rejected...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise Decree - Challenge as to - In two similar proceedings undertaken by two sets of brothers, two compromise decrees were passed and two sets of brothers received the lands in their favour - Once petitioners have reaped fruits of a decree passed on similar footings, then they cannot challenge the same on the technical..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Eviction decree passed on the basis of compromise between DH and JD - Petitioner/objector claimed that she was owner of suit premises - However, she has not produced any title document of her having ownership over suit premises - Merely because a suit for partition was filed, same cannot..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of third party - Suit for declaration - Trial Court while dismissing application required to adjudicate as to whether presence of applicants before it in the suit was necessary in order to enable Court to effectually and completely adjudicate upon and settle all the questions involved in the suit - However, trial..........
Civil Procedure Code, 1908, Section 47, Order 23, Rule 3 -- Execution - Objections - Compromise decree - Compromise underwent procedural delays due to various adjournments and subsequent loss of original compromise - However, fresh compromise application identical to original was submitted and verified by trial Court fulfilling all the requirements of O.23.R.3 CPC - Terms..........
