Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff not in possession of suit property - In a suit for simplicitor for permanent injunction without any prayer for restoration of possession, plaintiff is not entitled for any relief by way of temporary injunction - Application rightly rejected...........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration that plaintiffs are only legal heirs of deceased and mutation of inheritance is liable to be entered and sanctioned in their favour - Suit filed against general public - Respondents being a member of general public has every right to contest suit - Even otherwise,..........
Civil Procedure Code, 1908, Section 151, 141, Order 7, Rule 11 -- Rejection of miscellaneous application - It is only the plaint which can be rejected and not the application - Miscellaneous applications are to be determined on merits...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Documents in question necessary for just and proper adjudication of matter - However, since documents sought to be produced now are very old documents and would definitely go to root of matter, application allowed with costs of Rs.30,000/-...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 7 -- Ex parte proceedings - Defendants were never served any notice of pendency of suit before 29.8.2014 - On 29.8.2014 only a date was fixed to proceed ex parte and thereafter evidence of plaintiffs was taken on affidavit and matter fixed for ex parte judgment - Defendants even stated that if they are allowed to..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of plaint - Suit for specific performance - Amendment sought to add relief of setting aside of alleged cancellation notice - Nature of suit is not altered in any way - Amendment rightly allowed...........
Civil Procedure Code, 1908, Section 151 -- Inherent powers - Additional evidence - Provision for additional evidence though stands deleted from CPC, however, Court has power u/s 151 CPC to permit additional evidence in order to do substantive justice between the parties...........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 14(3) -- Production of documents - Order to take documents on record not to be construed that such documents are admissible in evidence...........
Civil Procedure Code, 1908, Section 151 -- Re-opening of evidence - Evidence of defendants was closed, as defendants did not want to produce evidence - Grounds taken by defendants with regard to no, appearance was not supported by any material evidence - Defendants filed the application for reopening of evidence after final arguments were heard, though not completed -..........
Civil Procedure Code, 1908, Section 151, Order 14, Rule 5 -- Additional issues - Issues framed by Appellate Court has subsumed issues sought to be framed by defendant - No additional issue as suggested by defendant was required to be framed - Application rightly dismissed...........
