Civil Procedure Code, 1908, Section 151, Order 7, Rule 14 -- Production of documents - Application for calling records from official respondents was rejected in 2022 and thereafter they approached respondents and got desired documents - However, same sought to be filed at the stage when final arguments are in progress before trial Court - Application rightly dismissed...........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Suit for possession by way of ejectment - Jurisdiction of civil Court is not ousted if a landlord tenant relationship is disputed - Tenants estopped from claiming that they are entitled to protection u/s 77 of Punjab Tenancy Act...........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Service of summons - No sincere attempt was made to effect service of respondent by ordinary course or by sending summons by registered post - Mere service by publication in newspaper was not sufficient - Neither sufficient ground for ordering substituted service of respondent by publication in..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Court in exercise of its review jurisdiction, cannot re-appreciate evidence to arrive at a different conclusion even if two views are possible in a matter...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Under the garb of filing a review petition, a party cannot be permitted to repeat old and overruled arguments for reopening the conclusions arrived at in a judgment...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - In order to seek review, it has to be demonstrated that order suffers from an error contemplated U.O.47.R.1 CPC which is apparent on the face of record and not an error which is to be fished out and searched...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - A decision or order cannot be reviewed merely because it is erroneous...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Condonation of delay - Delay in filing application U.O.9.R.13 CPC - Claim of being alcoholic patient is not a sufficient cause to condone the delay of his inaction in filing written statement - Delay not condoned...........
Civil Procedure Code, 1908, Section 151 -- Reopening of evidence - At the stage of arguments can be allowed only in exceptional and rare cases - Such application for reopening of evidence can be allowed only where it is demonstrated that party seeking such reopening was unable to produce witnesses despite due diligence and that facts which were not known earlier had come..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Court Commissioner - Suit land claimed to be common pathway - It was basically claim of title over the land which is said to be a pathway allegedly used by both the parties - Claim has to be determined by Court on the basis of oral and documentary evidence - Suit is at the stage of arguments - Application..........
