Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Plaintiff led evidence on those issues also the burden of proof of which was on the defendants - Since burden is on defendants in relation to certain issues, plaintiffs have every right to reserve their right to adduce evidence in rebuttal...........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - If party leading evidence gives intimation to Court by filing memos about its intention to adduce evidence in rebuttal, Trial Court can exercise power flowing from O.18.R.3 CPC - Trial Court has equipped with power to entertain such memos for exercising power U.O.18.R.3 CPC...........
Civil Procedure Code, 1908, Section 34, Interest Act, 1978, Section 3(3) -- Interest - Interest upon interest or compound interest - Courts are not entitled to award interest upon interest unless specifically provided either under any statue or under the terms and conditions of contract...........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of landlord - Substitution of LRs - Eviction suit - Tenant has no locus standi to aver as to who would be LRs of plaintiff/landlord - Said averment/objection if any can be raised by aggrieved LRs only...........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of landlord - Substitution of sisters of landlord - One of sisters of deceased plaintiff had earlier moved an application U.O.1.R.10 CPC for impleadment which was rejected - Once application for impleadment by one of sisters having been rejected, it cannot be held that other sister would fall in the category of LRs of..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of landlord - Substitution of sisters of landlord - Estate of plaintiff/landlord would be represented by his first class heirs which undisputedly would be his wife, son and daughter - Tenant could not point out any provision of law which prescribes for sisters to be LRs even where first class heirs of a deceased..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Wrong finding of fact is not sufficient to constitute a question of law...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Court cannot entertain Second Appeal unless a substantial question of law is involved...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Concurrent finding of fact based on evidence cannot be disturbed in an appeal u/s 100 CPC on the ground that other view is also possible on the basis of same set of evidence...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration of title and recovery of possession - Concurrent finding of fact on record that plaintiff has established his title over the suit property and defendant's possession on the suit property is merely permissible having no right, title and interest - This is finding of facts which is not required..........
