Civil Procedure Code, 1908, Order 39, Rule 7 -- Preservation of suit property till disposal of suit - Direction to defendant no.2 - Partition suit - Defendant no.2 had expired - However, no steps taken by plaintiff to bring on record LRs of deceased defendant - Trial Court decided the application U.O.39.R.7 CPC without considering the fact that order U.O.39.Rr.1, 2 CPC is..........
Civil Procedure Code, 1908, Order 39, Rule 1, Constitution of India, 1950, Article 227 -- Interim injunction - Refusal to grant - Writ petition u/art 227 of Constitution challenging said order is maintainable...........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - Restraining Electricity Board from interfering in possession of plaintiffs - Plaintiffs failed to produce any evidence of their possession over vacant land - No undue hardship or prejudice would be caused to plaintiffs in the event Electricity Board is permitted to proceed with energisation of..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17A -- Additional evidence - Audio CD conversation - Divorce petition - Factum with regard to existence of audio CD sought to be adduced on record as additional evidence was very much in knowledge of husband before commencement of trial and at the time of leading evidence - Court below ought not to have allowed..........
Civil Procedure Code, 1908, Section 11, Order 14, Rule 2 -- Preliminary issue - Res judicata - Principle of res judicata is a mixed question of law and fact which may require not only examination of plaint but also other evidence and order passed in earlier suit may be taken up either as a preliminary issue or at the final hearing - But said question cannot be determined..........
Civil Procedure Code, 1908, Order 7, Rule 11(c) -- Rejection of plaint - Plaintiff party to the sale deed seeking declaration that sale deed executed by him is null and void - Plaintiff directed to pay ad valorem Court fees - Order upheld...........
Civil Procedure Code, 1908, Section 96 -- First appeal - High Court while dismissing the appeal preferred by defendants could not have passed any further order beyond judgment and decree passed by Trial Court, more particularly, in absence of any cross objection and/or cross appeal preferred by plaintiffs...........
Civil Procedure Code, 1908, Section 152 -- Judgment/order - Rectification of typographical error or any clerical mistake - Once, judgment/order is pronounced and if any party to the same wants any rectification of any typographical error and any clerical mistake regarding date or number, such a party may apply to the concerned Court for correcting such an error in the..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Order allowing revision petition and remanded matter for Executing Court for fresh consideration, cannot be considered as adverse order - No error apparent on the face of record - Review petition not maintainable and remedy is by way of appeal only...........
Criminal Procedure Code, 1973, Section 190, 227 -- Cognizance of offence - Order setting aside discharge of accused - Loan transaction between two sisters and civil suit for specific performance was pending - Petitioner is neither a signatory to documents nor he is a witness - Allegation of forging signature stand disapproved by FSL report - No offence whatsoever is made..........
