Code Of Civil Procedure, 1908; Section 114 and Order XLVII Rule 1 – Mistake or error apparent on the face of record would debar the court from acting as an appellate court in disguise, by indulging in a re-hearing. A decision, however erroneous, can never be a factor for review, but can only be corrected …
Power Of Attorney – Power of Attorney holder can only depose about the facts within his personal knowledge and not about those facts which are not within his knowledge or are within the personal knowledge of the person who he represents or about the facts that may have transpired much before he entered the scene …
Code Of Civil Procedure, 1908; Section 100 – Second Appeal – High Court acting in second appellate jurisdiction could not have arrived at a new finding of fact without any foundation being laid therefor. (Para 27) Summary: Trial Court decreed the suit in part, holding that the plaintiff was entitled to partition and separate possession …
Vitthalrao Marotirao Navkhare vs Nanibai (D) 2024 INSC 283 – Second Appeal – S 100 CPC – Read More »
Code Of Civil Procedure, 1908; Order I, Rule 10 – A wrong mention of a Section would not prove fatal for the application for impleadment of a necessary party. [In this case, impleadment application was rejected by the Trial Court and affirmed by the High Court, for the reason that the application was moved under …
Code Of Civil Procedure, 1908 ; Order XLIII Rule1 (u) – Suit decreed by Trial Court – First Appellate Court partly allowed appeal and remanded the suit for fresh disposal – HC, allowing an appeal under Clause (u) of Rule 1 of Order XLIII CPC , set aside the order of remand passed by the …
Code of Civil Procedure, 1908; Section 15-20 – Section 20, CPC, which provides that a suit can be initiated where the defendant resides or cause of action arises is a residuary provision only applicable to cases beyond those in Section 15 to 19, CPC.- Referred to Harshad Chiman Lal Modi v. DLF Universal Ltd., (2005) …
Acme Papers Ltd. vs Chintaman Developers Pvt Ltd 2024 INSC 248 – Ss 10,15-20, 25 CPC Read More »
Practice and Procedure – Miscellaneous Applications – A post disposal application for modification and clarification of the order of disposal shall lie only in rare cases, where the order passed by this Court is executory in nature and the directions of the Court may become impossible to be implemented because of subsequent events or developments …
Code Of Civil Procedure, 1908; Order VIII Rules 3 and 5 –Deprecated practice of not providing specific para-wise reply to the plaint in the written statement/counter affidavits – In the absence of para-wise reply to the plaint, it becomes a roving inquiry for the Court to find out as to which line in some paragraph …
Code Of Civil Procedure, 1908; Order XXIII Rule 3 (i) appeal is not maintainable against a consent decree; (ii) no separate suit can be filed; (iii) consent decree operates as an estoppel and binding unless it is set aside by the court by an order on an application under the proviso to 10 (2006) 5 …
Basavaraj vs Indira 2024 INSC 151 – Amendment Of Pleadings – Consent Decree Read More »
Code Of Civil Procedure, 1973; Order 41 Rule 23 – The appellate Court is the final court of fact and law. An order of remand under Order 41 Rule 23, Code of Civil Procedure cannot be made for a mere asking. If the High Court is of the view that the evidence is not sufficient …
Aysha vs A M Hussainar CA 2647 Of 2024 – Order 41 Rule 23 CPC – Remand Order Read More »