Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Dispute over connection of electric motor on a land - Prima Facie made out that parties are jointly recorded as owners being co-sharers - Held, Plaintiffs being co-sharers cannot be prevented from using the electric motor connection which is existing in the name of petitioner, as per share...........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Re-calling of witness - Photographs produced with report and marked but not exhibited because photographer was require to prove them - Evidence/photographer was allowed to prove said photographs only and no further opportunity is granted - Re-calling of witness, proper...........
Civil Procedure Code, 1908, Order 9, Rule 7, Civil Procedure Code, 1908, Order 17, Rule 3 -- Dismissal of suit for default - Maintainability - Suit for specific performance - There is a clear distinction between dismissal of suit for default and dismissing suit for other kinds of default - If the suit is dismissed for default then application to set aside will be filed..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Bringing on record a judgment of conviction of plaintiff in a case of dishonour of cheque amounting to Rs.4 lacs on the plea that a person convicted for dishonour of cheque amounting to Rs.4 lacs cannot be believed to advance loan of more than Rs.10 lacs - Transactions of the instant..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit instituted before amendment in CPC - No question of any change in nature of suit - Amendment seeks to correct date of agreement as the mistake occurred because of typographical mistake - Case is still at initial stage i.e. evidence of plaintiff - Amendment allowed...........
Civil Procedure Code, 1908, Section 151 -- Quashing of order - Executing Court is only to take decree to its logical end and has no jurisdiction to go into judgment and reasoning - Held, Where issues have been framed and court declined interest, Executing court was precluded from making such i, depth scrutiny regarding the entitlement of plaintiff - Executing court had to..........
Civil Procedure Code, 1908, Section 2(12) -- Mesne Profit - Rental value of small booth cannot be taken as precedent of fixing rental of bigger premises and particularly when ground, first and second floor of building were let out to one tenant - While assessing mesne profits of multi-storey building, it is to be kept in mind that all floors do not carry equal rental value..........
Civil Procedure Code, 1908, Order 1, Rule 10(2), Civil Procedure Code, 1908, Order 47, Rule 1 -- Impleading as party - Pleas taken by applicants is for purpose of Impleading as party and for purpose of determining relevance of material brought to notice of court - Mere fact that plea is raised by applications and the material produced in support of plea has been considered..........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10 -- Impleadment of party - Principles of Dominus litis does not permit a person who has no interest in suit to be impleaded as a party, especially once plaintiff is not seeking any relief against him - Applicant not allowed to be impleaded as party...........
Civil Procedure Code, 1908, Order 22, Rule 10 -- Assignment before final order - Once petitioners were permitted to be associated as assignees of defendants to continue and defend the suit in terms of O 22 R 10, it is incumbent to allow them to cross-examine the witnesses whose chief examinations had been recorded earlier...........
