Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Dispute regarding signatures has to be determined in the suit and not in execution proceedings - A plea not raised in the suit cannot be permitted to be raised in the execution proceedings...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaintiff having alternative equally efficacious remedy - Cannot be gone into at this stage...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for permanent injunction - Both parties claiming to be in possession - This question cannot be gone into at this stage...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for permanent injunction - Reliance on an unregistered agreement to sell in suit cannot be a ground for rejection of plaint...........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Late production of documents - Plaintiff neither in his application before trial Court explained that how such documents are relevant for adjudication of issue nor he placed those documents on record before this Court so that same could be examined as in what manner they are relevant for adjudication of dispute between..........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Late production of documents - Where applicant fails to submit relevancy of documents, trial Court can refuse to exercise its discretion and deny leave to take documents on record...........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross objections - Cross objections have all trappings of a regular appeal and therefore must be considered in full by Court adjudicating upon the same...........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross objections - Where decree given by Court of first instance, is partly in favour of respondent, but is also partly against respondent, two remedies within O.41.R.22 CPC remain with respondent, which are: (i) To file their cross objections and, (ii) To support the decree in whole - However, a third remedy in law also..........
Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Written statement - Late production of documents - Where the defendant fails to submit the relevancy of documents, trial Court can refuse to exercise its discretion and deny leave to take such documents on record...........
Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Written statement - Late production of documents - Defendants neither in their application filed U.O.8.R.1-A(3) CPC r/w S.151 CPC before trial Court explained that how such documents are relevant for adjudication of issue nor they have placed those documents on record before this Court so that same could be examined as in..........
