Civil Procedure Code, 1908, Order 21, Rule 99 -- Application U.O.21.R.99 CPC - Lies only after dispossession...........
Civil Procedure Code, 1908, Order 21, Rule 102 -- Execution - Objection by transferee pendente lite - Purchaser of property which was subject matter of suit, cannot resist execution of decree, if purchase was during pendency of litigation, as O.21.R.102 CPC bars such objections...........
Civil Procedure Code, 1908, Order 21, Rule 102 -- Execution - Objection by transferee pendente lite - When resistance or obstruction is offered by a transferee pendente lite, it is explicit from reading O.21.Rr.98, 99, 101, 102 CPC, that scope of adjudication ought to be confined only to question whether person who resist or who was dispossessed was a transferee during..........
Civil Procedure Code, 1908, Order 17, Rule 1, 3 -- Closure of evidence of defendant no.4 - Witness of defendant no.4 was present for cross-examination on two occasions - But on both the occasions witness of defendant no.4 not cross-examined by Counsel for plaintiff - Witness of defendant no.4 did not appear on one date on which his evidence was closed by Court - Evidence..........
Civil Procedure Code, 1908, Order 4A -- (as in U.P) - Consolidation of suits - Interconnecting interests in relation to three subject matter of suits in question - For an effective and expeditious disposal of suit and in order to avoid a contradiction in finding to be recorded by Court below, with regard to interest of parties to suit, same deserves to be consolidated and..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - No evidence can be looked into beyond pleadings...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - For deciding as to whether plaint discloses cause of action or not, Court has to see only the averments in the plaint and accompanying documents relied upon in plaint and facts elicited from plaintiff by examining him U.O.10 CPC - For the purposes of deciding application U.O.7.R.11 CPC, Court has to..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - For purpose of deciding application U.O.7.R.11 CPC, Court has to presume the facts stated in plaint as correct...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Re-issue of warrant to Commissioner - Measurement of property on basis of sale deeds of parties - Suit for declaration and recovery of possession - It is for plaintiff to prove his title in order to succeed in suit - If defendant had purchased a portion of property prior to plaintiff's purchase, he would be automatically..........
Civil Procedure Code, 1908, Section 115 -- Revision - Revisional jurisdiction u/s 115 CPC is not to correct mistake of fact and to substitute its own findings by Revisional Court...........
