Civil Procedure Code, 1908, Order 11, Rule 14 -- Production of documents - O.11.R.14 CPC empowers a party to seek production of documents in the possession, custody or power of the opposite party, if such documents relate to matters in question in the suit - The Court must ensure that this right is exercised in a manner that is proportionate and does not permit undue..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Inconsistent pleas can be taken in pleadings...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Initially suit was filed claiming it as easementary right - Alternative plea of passage being a public passage has been sought by way of amendment - Nature of suit not changed by allowing the amendment, rather it remained the same - Application rightly allowed...........
Civil Procedure Code, 1908, Section 34 -- Interest - Suit decreed with all consequential benefits, however, no interest was granted - Once judgment and decree passed by trial Court was clear and explicit with respect to interest not awarded, no illegality or perversity can be found with discretion exercised by Executing Court having denied the interest - Executing Court..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of first appellate Court - Non-framing of points for determination - Neither requisite point of consideration on the point of legal necessity is framed nor findings recorded thereon by appellate Court - Appellate Court has simply recorded concurrence with findings of trial Court without delving into evidence and..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Proposed amendment is foreign to case set up in plaint - Amendment would cause irreparable loss to defendants - Moreover, trial Court passed the order allowing amendment without any due application of mind by simply referring to respective contentions of parties and thereafter, in a mundane manner..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - When findings of facts arrived by First Appellate Court on appreciation of pleadings and evidence of parties are neither perverse nor unreasonable, question of interfering with the same through second appeal filed by plaintiff does not arise...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration of title and eviction - First Appellate Court held that plaintiff has failed to establish his title and possession over suit properties and plaintiff is not entitled to get decree of declaration of right, title, interest over suit properties and he is also not entitled to get decree of recovery..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Plaintiff filed a suit for declaration of ownership on basis of sale deed and also challenged the subsequent sale deed in favour of respondent no.1 - Application for impleadment of another buyer of subsequent sale deed was filed after 8 years of filing of suit - On the date of filing application..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Before undertaking the exercise of considering whether a party is entitled to lead additional evidence U.O.41.R.27 CPC, it would be first necessary to examine pleadings of such party to gather if case sought to be set up is pleaded so as to support additional evidence that is proposed..........
