Civil Procedure Code, 1908, Order 41 -- Appeal - Court cannot create any new case at appellate stage for either of the parties - Appellate Court is supposed to decide the issues involved in the suit based on the pleadings of the parties...........
Civil Procedure Code, 1908, Section 11, Order 2, Rule 2 -- Bar of subsequent suit - Earlier suit for declaration filed by plaintiffs at the time when cause of action to seek specific performance had not materialized in their favour, cannot defeat their subsequent suit applying principle of constructive res judicata...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of advocate Commissioner - For determining the physical features of property, an Advocate Commissioner can be appointed but not for verifying and gathering evidence as to who is in possession of property...........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 9 -- Appointment of Local Commissioner - Application filed to collect evidence in support of his case - Plaintiff cannot be permitted to involve Court to hunt for evidence - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 23, Rule 1A -- Transposition of defendant as plaintiff - Plaintiff not abandoned or withdrawn the suit - There is no question of transposition of defendant as plaintiff - However, if at any stage, plaintiff seeks to withdraw or abandon the claim or is not conducting the suit further, then at that stage, it will be open for trial Court to..........
Criminal Procedure Code, 1973, Section 145, 146 -- Proceedings u/ss 145, 146 Cr.P.C - Once the factum of possession and right to possess both have been adjudicated upon by appropriate civil Court, question of initiation of proceedings u/s 145, 146 Cr.P.C does not arise...........
Hindu Marriage Act, 1955, Section 13(1)(ia), Civil Procedure Code, 1908, Order 1, Rule 10 -- Divorce petition filed by husband on the ground of cruelty - Plea of illicit relationship of husband - Wife seeking impleadment of adulterer - When decree of divorce is not sought against wife on the ground of adultery, then adulterer is not a necessary party - Application for..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Can be filed after filing of written statement, but it should be filed before framing of issues...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Review petition cannot be permitted to be filed to reargue and reagitate the matter...........
Civil Procedure Code, 1908, Order 16, Rule 14 -- Court witness - Court is not obligated to invoke power U.O.16.R.14 CPC at the instance of parties and parties have no right to move an application under said rule - However, either of parties can bring to notice of Court the necessity for examining any person as Court witness - If Court is satisfied about such a necessity to..........
