Civil Procedure Code, 1908, Order 17, Rule 1(2)(d) -- Adjournment - Advocate busy in some other Court - Not a ground to adjourn the matter...........
Evidence Act, 1872, Section 138, Civil Procedure Code, 1908, Section 151 -- Recall of an order - Order closing opportunity to cross-examine plaintiff - Cross-examination of plaintiff closed after several opportunities were granted to defendant - Recalling order and further giving opportunity to cross-examination would certainly amount to abuse of judicial process and would..........
Civil Procedure Code, 1908, Order 26, Rule 1, 2, 3, 4, 5, 6, 7, 7, 8, 9, 10, 11, 12, 13, 14, 15 -- Local Commissioner - Second commission - Setting aside of an earlier report - Law as to Commissions summarized viz. (i) There is no provision for setting aside the deposition recorded by the Commissioner or the report submitted thereof U.o.26.Rr.1 to 8 CPC which are dealing..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Plea of execution of Will in written statement - Amendment of plaint sought to add relief for declaring said Will to be null and void - No material on record that plaintiff had knowledge of said Will at the time of institution of suit - Amendment allowed to avoid multiplicity of suits...........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 97 -- Execution - Eviction - Plea of ownership - Not maintainable as executing court cannot decide title in regard to the parties in the proceedings for eviction of a tenant...........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 97 -- Execution - Eviction - Plea of ownership - Suit already pending with regard to legal status wherein decree holder also impleaded as a party - Said suit shall take its own course - Moreover, it is surprising that in execution proceedings relating to eviction decree, how could the petitioner be declared to be..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Term `error or mistake apparent on face of record' signifies error which is evident per se from records of case and does not require any detailed examination, scrutiny and illustration either of facts or legal position...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Merely because order or decision is erroneous cannot be reviewed on ground that different view can be taken on point of fact or law, as Court will not sit in appeal over its judgment...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Scope - Power of appellate Court - While reversing findings U.O.39.Rr.1, 2 CPC, appellate Court has limited jurisdiction and should not go beyond prayer made in temporary injunction and grant final relief at interim stage...........
Civil Procedure Code, 1908, Order 18, Rule 3A -- Provision of O.18.R.3-A CPC being procedural law is not mandatory in nature...........
