Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - Where Court finds that defendant's plea strikes of the root of case, there would be no hitch in asking him/her to prove such plea first which can lead to disposal of the case...........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - There is no impediment for Court to call upon either party to lead evidence first, depending upon the facts and circumstances of the case and the nature of the issues framed - Neither party can insist that the other one should be asked to lead it first - It all depends upon what the Court deems proper in the..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of public Trust as party - Where application filed by petitioner for registration of Public Trust was allowed and same is challenged in appeal, Public Trust is a necessary and proper party for adjudication of appeal - Application allowed...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Mixed questions of law and fact, cannot be gone into by Second appellate Court...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Maintainability of proceeding - Not challengeable on the ground mentioned U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Question raised is a disputed question of fact - On adjudication, result may go this way or that way - Same cannot be a ground to reject plaint...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte interim injunction - Trial Court while granting ex parte interim order has not considered the three basic principles as per O.39.Rr.1, 2 CPC i.e prima facie case, balance of convenience and irreparable loss and injury - Impugned orders set aside - Matter remitted back to trial Court for fresh order...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Document sought to be filed at belated stage - Non mentioning of reasons for not filing application at the earlier point of time - Merely for this reasons application cannot be dismissed considering documents sought to be marked in evidence...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - If a document is sought to be filed at a belated stage is relevant and helps the Court in adjudication, such documents can be received in evidence...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Rent petition - Objection taken qua original landlord that he is not the landlord - Such objection holds good for his legal heirs - There is no need to incorporate a plea qua L.R's not being landlords - Application rightly dismissed...........
