Civil Procedure Code, 1908, Section 151 -- Reopening of evidence of plaintiff - Five opportunities were granted to plaintiff by Trial Court in a hurried manner in one month's time - Matter got delayed due to filing of application U.O.7.R.11 CPC by defendant - Application allowed subject to payment of cost of Rs.10,000/-...........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Disobedience of interim stay order - Application U.O.39.R.2-A CPC filed during pendency of suit - Suit decreed - Application deserves to be decided on merits and cannot be disposed of as having become infructuous...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - It is settled position of law that injunction cannot be granted against true owner of property - However, it is equally well settled in jurisprudence governed by rule of law that even an unauthorized occupant can be ejected from a property only in the manner provided by law...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Tenant seeking injunction from forcible dispossession by landlord - Trial Court rejected application - Appellate Court granted injunction - Order calls for no interference...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining co-sharer from raising construction - Co-sharer, who is in exclusive possession of a joint holding, cannot be restrained from raising construction on that portion of the joint holding of which he is in exclusive possession - Order allowing defendant to raise construction subject to..........
Commercial Courts Act, 2015, Section 12A, Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Urgent interim relief sought - Order of return of plaint for non compliance of S.12-A of Commercial Courts Act - Impugned order set aside - Court directed to number the suit and consider interim application...........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - If plaintiff reserves his right to lead evidence on those issues regarding which burden of proof has been placed upon defendant, then he has right to produce evidence only on those issues regarding which burden of proof has been placed on the defendant...........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Plaintiff cannot be allowed to lead evidence in rebuttal on those issues, the onus of proof of which was upon him - Plaintiff can lead evidence in rebuttal only on those issues the burden of proof of which was on defendant...........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - No application is required to be made to lead rebuttal evidence - Once plaintiff had reserved his right to lead evidence in rebuttal and burden of proof of some of issues was on defendant, plaintiff should be allowed to lead his rebuttal evidence...........
Civil Procedure Code, 1908, Section 60(1)(g), Pensions Act, 1871, Section 11 -- Arrears of maintenance - Attachment of pension - Maintenance allowance granted to wife cannot be considered as debt and she is not a creditor - Pension of husband thus, cannot be exempted from attachment towards payment of maintenance as provided u/s 60(1)(g) CPC and S.11 of Pension Act...........
