Civil Procedure Code, 1908, Section 100 -- Second appeal - At the time of hearing, Court will not frame a question, which has not arisen from pleadings before Court below and has not been raised before Court below...........
Civil Procedure Code, 1908, Order 21, Rule 11(2) -- Execution - Money decree - Arrest and detention of JD - Willful evading of payment by JD - DH contended that JD willfully and deliberately evading payment even though he is possessed of sufficient means to satisfy decree, as he is running a business - However, JD stated that said business is being run by his wife and not..........
Civil Procedure Code, 1908, Order 37, Rule 3 -- Summary suit for recovery - Leave to defend - Defendant raised triable issues but has not advanced a defence which entitles it to unconditional leave to defend - Defences raised by defendant are plausible but do not answer to the standard of fair or reasonable - Leave to defend rightly granted to defendant - Interest of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Appellate Court set aside decree and remanded the matter - Once decree passed by trial Court is set aside, parties are at liberty to assert rival claims afresh - Proposed amendment sought to bring on record events subsequent to decree passed by trial Court - Amendment allowed...........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Non joinder or misjoinder of parties - No suit shall be dismissed for misjoinder or non joinder of parties and Court may in every suit deal with the matter in controversy so far as regrading the right and interest of the parties actually before it...........
Civil Procedure Code, 1908, Order 1, Rule 9, 13 -- Non joinder or misjoinder of parties - Objection to be taken at the earliest possible opportunity and in all cases where the issues are settled at or before such settlement unless the ground of objection subsequently arises and such objection if not taken shall be deemed to have been waived...........
Civil Procedure Code, 1908, Order 8, Rule 1A -- Late production of documents - Documents not filed alongwith written statement - Documents sought to be produced after closure of evidence by plaintiff - It will cause prejudice to plaintiff as he will not have opportunity to controvert said documents - If he had known about these documents, he would have also filed documents..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Appellate Court without giving opportunity to other side, received the documents in question and marked the same - For testifying genuinety of said documents, opportunity to other side must be given - Impugned order of allowing application U.O.41.R.27 CPC set aside - Matter remitted..........
Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - Non-disclosure of cause of action - Only pleadings and averments of plaintiff can be looked into...........
Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - Cause of action - Claim in suit is under two contracts (work orders) of recovery of money - Plaintiff may not in suit be able to take any claim in respect of first work order in view of forum selection clause, as jurisdiction clearly vested in Mumbai Courts - But can certainly proceed to establish its..........
