Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of eviction petition - Grounds on which defendant is seeking rejection of ejectment petition are a matter of evidence and are not germane for deciding application filed by him U.O.7.R.11 CPC - Rejection of plaint at the threshold entails very serious consequences - Power to reject plaint has to be used in..........
Civil Procedure Code, 1908, Order 18, Rule 4, Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of plaintiff - Legal Representation - Permission to file affidavit of LR as plaintiff - Once plaintiff had filed affidavit and he was even partly cross-examined and thereafter he closed his evidence, LR who stepped into shoes of plaintiff after his death cannot file another..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 9, Limitation Act, 1963, Section 5, Order 43, Rule 1(c) -- Composite application U.O.9.R.9 & S.151 CPC and S.5 Limitation Act - Rejection of said application - Appellate Court held that order passed amount to an order passed U.O.43.R.1(c) CPC and appeal thereagainst is maintainable - There is no order on merits of the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Declined by trial Court - Appeal against order dismissing application U.O.39.Rr.1, 2 CPC filed beyond the statutory period of 30 days - No justification either in pleadings or during course of arguments for not filing statutory appeal within stipulated time despite copy of order having been supplied..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Judgment of First Appellate Court should not be interfered with by High Court in exercise of its jurisdiction u/s 100 CPC, unless there is a substantial question of law...........
Civil Procedure Code, 1908, Order 3, Rule 1 -- Power of attorney holder - Suit for fixation of rent - Tenant sought permission of Court to appoint his brother as special power agent by assigning all power pertaining to suit including to give evidence - Both power agent and tenant are doing business together as partners in premises - Power agent can appear before Court..........
Civil Procedure Code, 1908, Section 151 -- Clubbing of two suits - Two suits filed on different cause of action in respect of different properties - If subject matter of both the suits are different then clubbing of suits needs to be declined...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Application dismissed - Order does not operate as res judicata or estoppel for trial Court to change its mind at a later stage...........
Civil Procedure Code, 1908, Order 21, Rule 26 -- Stay of execution - Eviction in pursuance of eviction order - Appeal against order of eviction filed in the year 2018 not decided - Eviction of petitioner from premises in question stayed till final disposal of appeal filed by petitioner...........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of sole plaintiff - Impleadment of L.R's - Suit itself stood abated by operation of law - LR's sought impleadment in appeal filed against dismissal of temporary injunction application in said suit - When main suit itself is no longer survived owing to operation of law, an interlocutory order passed therein automatically..........
