Civil Procedure Code, 1908, Section 115(3)(as -- Revision - Irreparable loss - Mere inconvenience to a party by not consolidating the suit, would not fall within the ambit of irreparable loss - Revisional Court over looked the restriction placed upon it u/s 115(3) CPC by interfering the order rejecting consolidation of suits by Trial Court - Impugned order of allowing..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Impermissibility - Under review jurisdiction Court has plenary power to correct any apparent error or mistake in respect of order passed by it - Rehearing of matter on merits and reappreciation of arguments raised by parties in original order is impermissible - Moreover, litigants cannot invoke review jurisdiction as..........
Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Late production of documents - Documents not filed alongwith written statement - Allowed to be filed after closure of evidence by defendant - Documents were certified copies of judgment and decree passed by Civil Court in previously instituted suit between the same parties which are per se admissible in evidence and same..........
Civil Procedure Code, 1908, Order 11, Rule 14 -- Production of documents - Court has power to order production of document in the possession or power of any party, at any time during the pendency of a suit, upon oath, which relates to any matter in question in such suit, as the Court thinks right and deal with the document as appears just...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Eviction petition - First Appellate Court found on admission that there was landlord-tenant relationship - After entering such a finding, eviction was ordered only on the ground of arrears of rent - There is no dispute on these facts - Concurrent findings as regarding right to sell the property by father of first..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - While passing an order U.O.12.R.6 CPC, Courts have not only to scan the pleadings of parties, but also take into consideration any document or statement on record, which can even be de hors the pleadings...........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Appointment of receiver - Recovery suit - Vehicle loan - Hypothecation of vehicle to bank - Default in payment of EMIs and other charges - Appointment of receiver in such circumstances is necessary - Impugned order of dismissing application U.O.40.R.1 CPC set aside - Directions issued...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - While passing an order U.O.12.R.6 CPC, Courts have not only to scan the pleadings of parties, but also take into consideration any document or statement on record, which can even be de hors the pleadings...........
Civil Procedure Code, 1908, Order 32, Rule 7 -- Minor - Compromise - Order dismissing suit as withdrawn by next friend on behalf of minor - Recall of order - Neither satisfaction of Court was recorded nor it had been mentioned as to how compromise was in the interest of minor - Only on the basis of statement of next friend of minor, suit was dismissed as withdrawn -..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file fresh suit - Reasons furnished by plaintiff for withdrawing suit were not sufficient - Absence of seeking reliefs as to declaration and absence of permission from Gram Panchayat and ownership of disputed road, cannot be treated as formal defects - Production of valid map as per scale..........
