Civil Procedure Code, 1908, Order 13, Rule 4 -- Admissibility of document - Objection as to admissibility of document should be taken at the time of tendering and exhibiting those documents - Since those objections were not raised, objection cannot be entertained or recorded at subsequent stage of suit...........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Admissibility of document - Objection as to - Agreements marked are though unregistered lease deed, however, same are admissible for collateral purpose in view of S.49 Proviso of Registration Act - Moreover, these agreements are not inherently inadmissible - Objection rejected...........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Admissibility of document - Objection as to - Agreements marked are though unregistered lease deed, however, same are admissible for collateral purpose in view of S.49 Proviso of Registration Act - Moreover, these agreements are not inherently inadmissible - Objection rejected...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration and permanent injunction - Petitioner wants to be added as a party in the suit due to stay entry incorporated in revenue record - No relief sought against petitioner by plaintiff - Stay order is passed against defendant which have no impact upon petitioner - Even otherwise,..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration of ownership - Amendment sought to introduce a prayer to exercise right of pre-emption - However, when right of pre-emption is not permissible under law to be exercised by plaintiff in the facts and circumstances of the case, amendment to that effect should not be allowed -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Ad interim injunction - Appeal - Order declining ad interim injunction passed after hearing parties - Appeal against such an order is maintainable U.O.43.R.1(r) CPC...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Order declining ad interim injunction - Appeal - If Court just gave notice of application U.O.39.Rr.1, 2 CPC to other party without expressing any opinion declining the ad interim injunction then appeal is not maintainable...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 3 -- Ad interim injunction - Any order granting or declining injunction cannot be passed U.O.39.R.3 CPC independently of O.39.Rr.1, 2 CPC...........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - First appellate Court has not set aside the judgment of trial Court after discussing the merits of the case - There is no categorical appraisal of reasons recorded by trial Court before setting aside judgment and decree passed by trial Court - Order of first appellate Court remanding case back to trial Court set..........
Civil Procedure Code, 1908, Order 22, Rule 3(2) -- Abatement of suit - Death of plaintiff - When no application U.O.23.R.3(1) CPC filed for substitution of Lrs within time limited by law, suit shall abate as against deceased plaintiff and judgment may be pronounced notwithstanding his death, which shall have same effect as if it is pronounced before death took place and..........
