Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Dispute relates to encroachment of public way - Considering dispute of width of public way, Nagar Parishad is a proper party - Application for impleadment of Nagar Parishad as party to suit rightly allowed...........
Civil Procedure Code, 1908, Section 21 -- Pecuniary jurisdiction - Objection as to - Appellant did not raise objection as to pecuniary jurisdiction of trial Court in first appeal - Even, there is no whisper of averment/contention as to how appellant suffered prejudice on account of lack of Pecuniary jurisdiction if any - Appellant not permitted to raise objection as to..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - To note down physical features - A further clarity would be obtained to localize the suit property with boundaries and by doing so no prejudice would be caused to parties...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Provision of review is not to scrutinize correctness of decision rendered rather to correct error, if any, which is visible on the face of order/record without going into as to whether there is possibility of another opinion different from one expressed...........
Civil Procedure Code, 1908, Section 35 -- Costs - Frivolous litigation - Once basis for which suit was filed was non-existent in favour of plaintiff and prima facie litigation was due to personal dispute, imposition of costs by Court cannot be treated as arbitrary, illegal or perverse or without any jurisdiction...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint sought at the stage when arguments were heard in part - Amendment declined merely on the ground of delay - Court below should have adjudicated the amendment keeping in view the fact as to whether amendment is necessary to decide real question in controversy and also whether proposed amendment if allowed..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - While dealing with an amendment application Court should not go into merit of claim made in proposed amendment...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - By way of amendment relief of possession sought as plaintiffs were dispossessed during pendency of suit - Whether plaintiffs were evicted during pendency of proceedings or prior to filing of suit or whether relief claimed is barred by limitation or not, to be determined during trial - Amendment..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Territorial jurisdiction of Commercial Court - Pleadings are on record regarding existence of cause of action within territorial jurisdiction of Commercial Court - Court below did not deal with averments in specific and also failed to see documents filed with suit - Order of rejection of plaint set..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A, 25 -- Remand - Where evidence is already adduced and a decision can be rendered on appreciation of such evidence, order of remand should not be passed remitting matter to trial Court, even if lower Court has omitted to frame issue and has failed to determine any question of fact which in opinion of appellate Court is..........
