Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Status quo order - Status quo order cannot be granted by exercising power u/s 151 CPC, when there is express provision provided under CPC...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - Can be directed only after recording of evidence...........
Civil Procedure Code, 1908, Order 41, Rule 19 -- Correction of error in restoration application for restoration of appeal dismissed in default - Court below committed error by rejecting said application for correction on the ground that said application was not maintainable rather application should have been filed under provisions of O.22.R.4 and O.6.R.17 CPC - Impugned..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for injunction & possession - Concurrent findings of two Courts below that defendant had not encroached upon land of plaintiff - No illegality and perversity in said findings - Plaintiff has been non-suited simply on basis of findings of facts - No substantial question of law has arisen in the case - Second..........
Civil Procedure Code, 1908, Order 11, Rule 11, 21 -- Interrogatories - Defence can be struck off if interrogatories are not answered and not when answer to interrogatories may not be to the liking of the person delivering the interrogatories or allegedly incorrect...........
Civil Procedure Code, 1908, Order 11, Rule 11, 22 -- Interrogatories - Answer given in response to interrogatories can be used in evidence - Correctness and veracity thereof will be established only at trial - False answers given can be visited with consequences like perjury in accordance with law, since answers given in response to interrogatories can be used in evidence..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Where two suits are pending before Courts of two separate jurisdiction relating to two separate cause of actions, where subject matter also relates to two separate type of properties merely because one issue regarding Will is common and would have the material bearing, would not attract provisions of S.10..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Plaintiff permitted to file an application for amendment to bring on record certain pleadings which was already there in main plaint - Only by way of further elaboration or explanation, if some paragraphs have been permitted to be made in plaint, no error can be said to have been committed by trial Court..........
Criminal Procedure Code, 1973, Section 145 -- Dropping of proceedings u/s 145 Cr.P.C. because of pendency of civil litigation - While dropping proceedings Magistrate not justified in making any observation or returning any finding as regards rights of parties qua the property in dispute or to issue any interim direction for maintaining status quo by the parties -..........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 14 -- Late production of document - Reference of document sought to be produced has been made in pleadings - Document permitted to be taken on record subject to payment of Rs.25,000/- as costs - Application allowed...........
