Civil Procedure Code, 1908, Order 22, Rule 5 -- Substitution of LRs - While dealing with report sent by subordinate Court U.O.22.R.5 CPC, appellate Court may consider the findings of subordinate Court and then give its reasons before reaching any conclusion - O.22.R.5 Proviso CPC cannot be construed to be a delegation of powers of appellate Court to substitute the deceased..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Sole purpose of filing of application for additional evidence is to get rid of findings recorded by Courts below - This is not permissible - Plea of plaintiff that he was unable to produce the record despite exercise of due diligence cannot be accepted - Application filed does not..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - A counter claim is required to contain all the ingredients of plaint and in the absence of which, same is not maintainable and is liable to be rejected...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Possession of plaintiff over suit property is not disputed - Necessary consequences of declaring general power of attorney and lease deed executed in favour of plaintiff was restoration of possession - However, defendant failed to seek consequential relief of restoration of possession - Counter claim seeking..........
Civil Procedure Code, 1908, Section 144 -- Restitution of possession - S.144 CPC is applicable with regard to dispossession pending suit or when decree is varied or reversed in appeal - Post decree possession in a decree for permanent injunction have to be redressed in an enquiry U.O.21.R.32 CPC - Since the violation alleged is continuing one, there is no time limit for an..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Reasonable time was not afforded to opposite party to oppose prayer made in the application for interim relief despite the fact that prayer has been made on behalf of defendant to file reply - Trial Court hastened to pass an interim order in mandatory form which in fact is pari materia to prayer as..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint cannot be rejected in part...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Maintainability of suit - Plaintiff has filed the suit not only for cancellation of sale deed but also sought to declare said sale deeds not binding on him apart from seeking perpetual injunction - However, trial Court rejected the plaint in part only to the extent of relief of cancellation of sale deeds..........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Production of documents - Liberal approach can be adopted to give permission to petitioner so as to allow all necessary evidence to be placed before Court for adjudication of matter on merits rather than preventing the evidence on technical grounds - Application allowed...........
Civil Procedure Code, 1908, Order 16A, Rule 2 -- Examination of plaintiff confined in jail - If Court finds it difficult to get recorded oral testimony of plaintiff then Court can get the testimony recorded under Video Conferencing Rules, 2020 - Closure of evidence of plaintiff set aside...........
