Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issues - Issue regarding adultery on the part of husband sought by wife in divorce petition - Husband filed divorce petition on the ground of cruelty and adultery against wife - Wife neither instituted a petition for divorce nor filed any Counter Claim to that effect - Allegation of adulterous..........
Civil Procedure Code, 1908, Order 3, Rule 2 -- Examination of power of attorney holder on behalf of a party - Power of attorney holder is not competent to depose or to prove anything which was not within his personal knowledge or was otherwise personally known to plaintiff - Testimony of power of attorney holder is inadmissible with regard to the facts within personal..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - Evidence either ocular or documentary cannot travel beyond pleadings...........
Civil Procedure Code, 1908, Section 100, Order 43, Rule 1 -- Second appeal - Order passed U.O.43.R.1 CPC is not a decree - Second appeal u/s 100 CPC would not be competent against such an order...........
Civil Procedure Code, 1908, Section 100, Order 43, Rule 1 -- Second appeal - Order sought to be challenged having been passed in a miscellaneous civil appeal u/s 104(1) r/w O.43.R.1(r) CPC is not a decree - Second appeal thereagainst not maintainable...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Scope of O.7.R.11 CPC is limited to defects apparent from the plaint itself and intent behind it is to prevent misuse of legal process with a view to ensure that only genuine disputes proceed to trial...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for possession/eviction - Plaintiff is claiming ownership over shop in question on the basis of preliminary partition decree - Admittedly, preliminary decree cannot be questioned by defendants as they have no locus standi to challenge the same being tenants and has not alleged that preliminary..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Suit for injunction, when plaintiff was entitled to sue for specific performance, withdrawn without seeking any liberty to pursue subsequent suit for specific performance - Subsequent suit for specific performance is not maintainable being barred U.O.2.R.2 CPC...........
Civil Procedure Code, 1908, Section 151, Order 3, Rule 2 -- Examination of plaintiff, who is 80 years lady, through her special power of attorney but at the same time she is directed to appear in person for the purpose of cross examination - In case special power of attorney is unable to answer any question, which is in the specific knowledge of plaintiff then it is..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - In the garb of rebuttal evidence plaintiff cannot reopen his affirmative evidence...........
