Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Report of amin was confirmed subject to evidence of parties during trial - Application for issuance of fresh commission rightly rejected...........
Civil Procedure Code, 1908, Order 22, Rule 3, 4 -- Decree against a dead person without impleading his LRs - Decree is a nullity and cannot be executed...........
Civil Procedure Code, 1908, Section 50 -- Execution - JD died subsequent to passing of decree and surety is on record and there is liability on the part of surety to pay the amount, it cannot be said that decree is a nullity and cannot be executed...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - Where there is controversy as to identification, location or measurement of land, local investigation should be done at an early stage so that parties are aware of report of Commissioner and go to trial prepared and object of local investigation U.O.26.R.9 CPC which cannot belittled...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Non-formulation of substantial question of law renders proceedings patently illegal...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - If Court is of the view that a question framed is to be altered, deleted or a new question is to be added, then Court must hear the parties...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Court sitting in second appellate jurisdiction is to frame substantial question of law at the time of admission, save and except in exceptional circumstances - Post such framing of questions Court shall proceed to hear the parties on such questions, i.e., after giving them adequate..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - When overturning findings of fact, Court will be required to call for the records of Trial Court or if placed on record, peruse the same and only then question the veracity of conclusions drawn by Court below...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Documents in question not relevant in the case and thus, same cannot be admitted - Application dismissed...........
Indian Penal Code, 1860, Section 323, 324, 452, 506, 34 -- Offence u/ss 323, 324, 452, 506, 34 IPC - Property dispute between parties - Possibility of injuries being self inflicted not denied by doctor - Accused was not present at the place of incident at the relevant time as per their mobile location - Material variation between statements of complainant and CW2 -..........
