Civil Procedure Code, 1908, Order 21, Rule 90 -- Execution - Auction sale - Setting aside - Material irregularity - Mere mentioning of year 2022 in place of 2023 regarding auction, when the publication itself was made in the newspaper in the year 2023, there was no question of public misunderstanding the date of auction as 2022 and as such it is not a material irregularity..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Plaint can be rejected only if Court is in a position to come to a definite conclusion that suit is filed beyond period of limitation - Since the issue in question is debatable, plaint cannot be rejected...........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - Counsel cannot be given liberty to argue a fact before Court based upon his personal knowledge which is not part of pleadings - To bring any new facts before Court, an affidavit is required to be filed by plaintiff or defendant, as the case may be, alongwith opportunity of rebuttal to other side...........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - Courts cannot be permitted to travel beyond pleadings in the matter of facts and in case any finding recorded beyond pleadings and judgment is given considering the same, such judgment is not sustainable...........
Civil Procedure Code, 1908, Section 2(9) -- Judgment - Judgment of a Court cannot be contrary to its finding - While deciding any issue, a categorical and reasonable finding is required from the Court and based upon that, judgment has to be pronounced...........
Civil Procedure Code, 1908, Section 60(1)(ccc) -- Exemption from attachment - DH unable to show that JDs are owners of more than one house - Court rightly granted exemption from attachment on the ground that house in question is the only residential house of JDs...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of transferee pendente lite - Appellant has a registered sale deed in his favour and has therefore seemingly acquired an interest in the Subject Land - Whether or not the consideration was paid, is a disputed question of fact that shall be determined by Trial Court - Mere fact that registered sale deed was..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 2 -- Rejection of plaint - Bar of subsequent suit - Where plaintiff had specifically reserved its rights in the first suit regarding his claim and further applied for leave before trial Court for filing a separate suit, which leave had been granted and when both the causes of action..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Petitioners cannot claim to be impleaded as party in the suit, where no relief is claimed against them - Any decree passed against a stranger is nullity, therefore any decree passed in the suit will have no effect on the rights of petitioners in the suit land, if any -..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - Party seeking appointment of a Commissioner must make an endeavour to bring on record the material which he seeks through a Commissioner...........
