Case Law Index On Civil Procedure Code
Case Law Index On Civil Procedure Code
Case Law Index On Civil Procedure Code
● Civil court have jurisdiction to try suit unless barred by statute. ILR 1993 [1] KAR 1244
● Civil suit regarding acquisition proceedings is not maintainable & by implication cognizance sec 9
barrs it Hence no injunction can be granted.ILR 1997 [3] SC 2372
● Jurisdiction of court. AIR 1959 MAD 227.
● Objection to territorial jurisdiction-Consequential failure of justice. 1965 [1] MYLJ 669, 1970 [2]
MYLJ 317,ILR 1995 [4] KAR 2965,
● H-court or D-court may transfer suit from a court which has no jurisdiction to try it.1971 [1]
MYLJ 10, 1972 [1] MYLJ 200.
● Bar of civil court jurisdiction ;- 1975[1]MYLJ 182, 1974 [2] MYLJ 499, ILR 1978[2] MYS 1364
● Plea of inherent jurisdiction - executing court. 1986 ILR MYS 2631.
● Suit for demarcation of boundary of property is maintainable. AIR 1987 SC2137
● Conferring the jurisdiction on court by mutual consent not permissible. AIR 1992 SC 1514.
● Erroneous exercise of jurisdiction is different from lack of inherent jurisdiction. The former
results in erroneous decree the later in a decree in nullity.AIR1993BOM 304.
● While transferring of suits justice according to law is done. AIR 1990 SC 113.
● No case can be transferred to another court unless first court is biased or some reasonable
ground exists.1989 SCJ 180.
● A suit on a promissory note lies at the place where it is drawn ,signed, & dated AIR1952 PEP4
● MC -case-jurisdiction;- If the wife never lived at the Husband House the suit for RCR must be
brought in the court of the place where the wife resides. Suit for Dower lies in a court within
whose jurisdiction the marriage & Divorce took place. AIR 1991 SC1104. AIR 1993 KER 87, 1993
MARRIAGE L J 210.
● Suit includes appeal under sec 10 -AIR 1954 PUN 113.
● Lok Adalat jurisdiction:-Only when both the parties are amenable to compromise or settlement
ILR 2001 [3] KAR 4338., ILR 2001[4] KAR 4704.
● Jurisdiction of civil court express Bar under section 68 of KLR ACT ILR 1996 [1] KAR 715.
● A suit for direction to any authority to act in accordance with law is not maintainable.
ILR1998KAR2612.
● Inherent lack of JURISdn- lack of competence -lack of jurisdn-under High court's act-ILR2001(2)
KAR2030.(FB)
Exclusion of jurisdiction, under municipal act ,does not bar civil court from examining if statutory
provisions complied or not. ILR 1996 (3) KAR 2516.
● When alternative remedy is available under the provisions of wt & meas act – suit barred- ILR
2001(3)KAR3816.
● CIVIL CASE against KEB for disconnecting electricity without following procedure-ILR 1996 (4)
KAR 2916.
● It would not be proper to grant P.I. AGAINST statutory authorities from performing its functions
& Duties. ILR 1993 KAR 3398.
● Suit for Declaration of caste, wrongly written in educational records , when he actually belongs
to other caste . ILR 1996 (4) KAR 3693.
● Recovery of debts of over 10 lakhs & over is barred by act civil court has no jurisdiction. ILR
1996 (4) KAR 3244.
The above act is struck as ultra vires- ILR 2001(2) KAR 1809.
● Maintainability of suit before small cause court challenged in CRP –ILR 1997 (2) KAR 1535.
● Civil Rights & Family Court:- House & open space given by her husband long back ago was
interfered by son & son-in-law of her husband. Suit for injunction filed by her, -such suits fall
squarely under cl (d) of the explanation to section 7 of the family courts act & they can be tried &
disposed off by family courts – transferred. ILR2001(3)KAR4004.DB.
● Declaration- Regrant- when question of regrant is pending , civil courts cannot grant decree
declaring title to watan lands-ILR 2002(1)KAR 724.
● JURISDICTION: When there is agreement- & property in other place:- ILR 2002 (1) KAR 717.
● Decree of Divorcee in foreign court- ILR 2002 (2) KAR 2835.DB.
● Jurisdiction & appeal :- ILR 1997 (2) KAR 1291.
●
● Injunction suit not res-judicata for a later suit. ILR 1988[3] KAR 2102 DB.
● Subsequent suit canvassing other grounds. ILR 1978 [2] MYS 1555
● Suit dismissed for default under O9 R 2&3[failure to take steps & when neither party appears]-
Separate suit lies. MYLJ dt 23-3-1972 SNRD it no 108.
● Constructive Resjudicata …… ILR 1997 KAR [3]1865. AIR 1970 SC 1525.ILR 1995 [4] KAR 3376.
AIR 1995 RAJ 94,97,98.
● It is no answer to a plea of resjudicata that a argument which was not advanced in the previous
suit .AIR 1977 SC 1680.
● A judgement obtained by fraud or collusion does not operate as RJ. AIR 1982 NOC 233 GAU.
AIR 1993 KER 273.
● Principles of RJ does not apply to Income tax proceedings. AIR 1992 SC 377.
● Decision of SC that water disputes tribunal can give interim relief forms part of reference to SC
opinion , decision operates as RJ & cannot be reopened .Cauvery water dispute case;- AIR
1992SC 522.
● If a decision of a court or a Tribunal is without jurisdiction such a deciscion or finding cannot
operates as a resjudicata in subsequent proceedings. AIR 1998 SC 972.
● A Revenue court decision on a question of Title will not bar a suit in the ordinary civil courts ,
unless otherwise provided by law . A finding of a criminal court also does not bind the civil court.
AIR 1978 KAR 213, AIR 1962 SC 147.
● A Previous deciscion does not operate as RJ on the same question when there has been a
change of law subsequent to the deciscion. AIR 1981 NOC 211 [DELHI] .
● The deciscion not based on merits would not be RJ in subsequent suits;- AIR 1966SC 1332
● When the suit is withdrawn ,without reserving Right to file fresh suit, R J applies to fresh suit.
ILR 1995 [2] KAR 2419 [DB].
● Judgement in rem falls outside the scope sec;11 of cpc. Judgement of court's exercising
,Probate,Matrimonial,Admirality, or Insolvency jurisdiction is a judgement in rem
● No question of resjudicata where fraud or collusion present ILR1996[1]KAR165[SC]
● Issue of Law overlooking statutory provision not conclusive & binding even between parties
,being per- incuriam & not Resjudicata ILR1995(4)KAR 2804.
● Abandonment of part of the claim in previous suit - plf in second suit claiming substantially
same relief on the genises of cause of action arose earlier - held second suit barred -ILR 1996(2)
KAR 1905.
● In earlier suit for INJ –observed that particular tank is private- such observation cannot amount
to resjudicata in subsequent suit. ILR 2001 (3) KAR 3562.
● Declaration suit Decreed, then suit for Damages was filed by showing the cause of action as the
date of finality of suit- no Resjudicata. ILR 1998 (1) KAR 1050.
● Orders passed on IA & subsequent or earlier orders operate as resjudicata in subsequent stage
of the same proceedings ILR 2002 (2) KAR 2675.
● An observation or even a finding that the defendant has not proved his title in a suit schedule
property does not operate as resjudicata. ILR 1998 (3) KAR 3005.
●
SECTION 34:-
● Even though plaint not specifying the grant of interest in a suit for recovery of money plaintiff
entitled to statutory Interest of 6% p.a – normal costs unless special costs are awarded.- ILR
1997 (1) KAR 553.
● It is not obligatory to award contract rate of interest in all cases, discretion is vested with court
to award lesser rate of interest taking into account the circumstances of the case :- ILR 1997 (2)
KAR 1042.
●
SECTION 36:-
● Interim order not obeyed – respondent can move court for contempt or file execution – ILR
1998 (4) KAR 4236.
●
SECTION 52:-
● Executability of decree against legal heirs of deceased permissible against property left by
deceased under sec 52, however gratuity being terminable benefit could not be attached even in
thje hands of legal heirs. Section 52 does not contravene section 60. ILR 1997 (1) KAR 645.
●
SECTION 51:-
● Arrest warrant only by complying sec 51 – ILR 1998 (4) KAR 4167.
●
SECTION 54;-
● The duty of DC is to effect partition & deliver possession 1985[1] ILR KAR 462.
● Partition effected by collecter civil court have no jurisdiction to meddle 1965[2] MYLJ 768.,
1981[2]MYLJ 465.,AIR 1964MYS 169.,
● Prevention of Fragmentation Act ILR 1993 KAR 3271.,
● AC order can be executed by Tahsildar -no re delegation of power.ILR 1992 KAR 2152.,
● ILR 1990 KAR 1265.,
●
SECTION 60:-
SECTION;80., NOTICE-
● Even in a claim against public officer govt shall have to be joined as a party after service of
notice ILR 1993[2] KAR 401 DB., ILR 1998 (1)KAR S.N.21.
● Notice to government is mandatory even in case for change of date of Birth.,AIR 1947 PC 198.,
AIR 1960 SC 1309.,AIR 1947 CAL 26&27.,AIR 1938 MAD 583&584.,
● For permenant injunction suit sec 80 need not be complied with.,AIR 1960 PAT 530.,
● 1982[1]KLC8., ILR 1998 KAR 2378., 1971 MYLJ[25-3-71] SNRD 18.,
● Suit against DC as a representative of Govt ,not necessary to make Kar sec ex Brd as party: ILR
1996(1) KAR 1175.
● Karnataka conduct of government litigation rules 1985 – Rule 5(2), Such summons to chief
secretary shall have to be received by the Solicitor in the department of law & parliamentary
affairs ILR 2001 (4) KAR 4406. DB.
● Served – mere dispatch is not sufficient- ILR 2002 (2) KAR2923.
●
SECTION 91 :-NUISANCE:-
SECTION 92;-
● Sale of property of religious & charitable endownments by private negotiation should not be
permitted by court unless justified by special reasons.AIR1990 SC 444.,
● ILR 1992 [4] KAR 3023., AIR 1991 SC 121.,
● Notice to dft prior to grant of permission not necessary AIR 1991 SC 221.,
● When it is trust property - Suit for injunction without invoking sec:92- not maintainable-ILR
1993 [2] KAR 1580.
● Suit in representative capacity no necessity to invoke order 1 rule 8. ILR 1996(1)KAR 549.
●
SECTION 96:-
● Correction of date of birth case, where no prejudice is caused to state, mechanical filing of
appeal deprecated:ILR1995(4)KAR3576.
● Overlooking of oral evidence by first appellate court , JDGT liable to set aside for fresh
hearing.ILR 1996 (3) KAR 2156.
● O8 R6A & SEC 55 Of Contract Act:- ILR 1997 (2) KAR 1042.
●
● Substantial question of law -1st appellate court rejecting material evidence on filmsy grounds
-High Court can interfere. ILR 1997[3] KAR 2373 [SC]. ILR 1995 [4] KAR 3275.ILR 1996 (3)KAR
2693.ILR1997(4)KAR2632.SC.
● Conclusion about limitation is a finding of fact & not opens for interference in SA. AIR 1998 MP
73.
● The findings of fact arrived by the court below are binding in second appeal. AIR 1998 SC 970.
ILR1998 (2) KAR 1550. ILD 2003 (5) MP 316 FB. AIR1963 SC 302. AIR 1959 SC 57.
● Interpretation of contract Involves a substantial question of law-can be examined in second
appeal-AIR 1993 DEL187.
● Perverse finding of fact or factual finding based on no evidence second appeal is maintainable-
AIR 1993 CAL 144.,AIR1994 ORI 26., ILR 1999[1] KAR 1264., ILR2001[1]KAR 1385[SC].,
● In the absence of substantial question of law no SA;- ILR1996[4]KAR 3590., AIR1990 SC 2212.,
● When there is proper appreciation of evidence of facts no interference in second appeal. ILR
2001 [3] KAR 4295.
● When Law laid down by Higher courts is not considered by lower two courts-HC interferes
ILR2001(2)KAR3322.
● INDUCTION of tenant by mortgage in possession is a question of fact ILR 1997 (1) KAR 468.
● Defence against female heir’s Right to partition of dwelling house as pleas not taken in courts
below & also in view of plaintiff claiming Right before coming into force of 1956 act,this plea
cannot be raised in second appeal.:-ILR 1997 (1) KAR 40.
● Validity of sale deed not substantial question of law:- ILR 1997(1)KAR668.-> Vendor has no
title.
● If the evidence of party containing admissions is ignored, HC can iterfere- ILR 1997 (3)KAR
1993.
● Appreciation of evidence by HC IN SECOND APPEAL is un warranted to reverse the finding of
fact recorded by the lower 1st appellate court. ILR 1997 (3) KAR 2183. SC.
● Fact about validity & genuineness of re conveyance deed cannot be interfered in second appeal.
ILR 1997 (3) KAR 2181.
● Title by Adverse possession, finding of fact –if it is neither perverse nor illegal binding on HC.
ILR1997(2)KAR1110.
●
SECTION 144:-
● Application for extension of time to vacate premises court cannot grant unless both the parties
agree;- ILR 1980[2] MYS 1491.
● Suits cannot be clubbed under section151 CPC .AIR1957 PAT 124. AIR 1960 AP 75.
● Partition suit -Interim maintenance-when claimed from out of the joint family income -1975 (2)
KLJ 182.
● When there is no specific provision sec 151 can be invoked .1981(2) KLC150.
● SEC151, O9 R6 , O18 R4&7,:-A party to a suit can maintain an application even at the stage of
judgment, for the purposes of either filing the material pleading or to adduce material evidence
for just & proper decision of the case.ILR 2000 KAR 820, ILR 1993 KAR 161.
● SECTION:151 Not applicable to proceedings before Rent controller. ILR 1995 [4] KAR 3410
● Sec 151;- JDR cannot maintain an application under sec 151 for setting aside court auction sale
ILR2001(1)KAR1552.
● When correct provision of law is not mentioned in IA ,cannot be dismissed. ILR 2001(1) KAR
1527.
● SEC148&149;-Non filing of court fee ,papers & documents-ILR1996(1)KAR 425.
● Court has not passed orders on LR application –even at the stage of arguments court has
inherent powers to correct its mistake- ILR 1997 (2) KAR 979.
●
● Caveat not applicable to land reforms appellate court. ILR 1986 MYS 2890.
● Caveat can be filed without naming the respondent. ILR 1999 [3] KAR 2986.
●
● Lower court decree merges with Appellate court AIR 1980 KER 76.
● No such AOD can be allowed when rights of third party get involved & are likely to be adversely
affected 1981 ALLLJ NOC 122.
● Error can be corrected by high court under S 151&152CPC even though appeal from Decree may
have been admitted in the supreme court before the date of correction. AIR 1962 SC 633. ILR
200[4] KAR 3459.
● 1967[2] MYLJ 317, AIR 1974 SC 1880,
● Persons not parties to the amendment of decree are not bound by thereby – amendment takes
effect prospectively. ILR 1997 (2) KAR 1561.
●
GENERAL ;-
● Parties are entitled to copy of documents on which suit is relied upon though not marked ILR
1992 KAR 2700.
● It was Advocates essential obligation to prepare pleadings according to law & also of the court
office to scrutinize them for avoiding serious difficulties.ILR 1997[1]KAR 553.
● Plf has to succeed on his own strength of the case & cannot relay on the weakness of the case of
defendant AIR 1954 SC 526, AIR 1979 CAL 50.
● Land Revenue patta is not a Title Deed. 1966 [1] KLJ 772.
● Suit to evict tresspassers one of the co owners can file . 1963 MYLJ page31.
● Document in court lost- Reconstruction & admission in evidence-stamp act sec;-35 1963[2]MYLJ
141.
● Court can consider subsequent events if same has material bearing on relief. AIR 1992 SC 700.
● Recalling of order & Re hearing ; Aspect of finality to judgements & orders on merits to be borne
in mind. 1995[2] ILR , KAR 970. ILR 2001[1] KAR 1465,[DB].
● Even though recitals of saledeed indicate that it is sale deed. Court should endevour to find out
from the facts & circumstances of the case as to wether it is a sale deed. ILR 2001 [3] KAR 4295.
● Quasi Judicial authorities cannot usurp the rights of civil courts .AIR 1968 SC 620. AIR 1987
KANT 79.
● Quasi Judicial authorities cannot DECIDE civil rights; ILR 1998 (3) KAR 2232.
● Possessory rights:-allotment order &possession certificate- no title documents, Admissions in
evidence of defendant that plf has been allotted that land-dfts has not setup title to suit schedule
property -possessory rights recognized ILR 2001 (2)KAR2027.SC.
● Unregistered sale deed for rs 25/- in 1955, suit for decal-inj:-ILR2001(2)KAR 1917.
● WRIT- dismissed- non prosecution-for not producing correct address of RES, ILR 2001(2)KAR
2131.
● Claims tribunal a civil court- ILR2000 (4)KAR S.N.192.
● Declaratory suit not filed with in limitation period - creates valid title to the opposite party ,
amendment constituting altogether a new case cannot be done - ILR 2001 (2) KAR 3060.
● Allegation of fraud and misrepresentation in civil litigation: level of proof extremely high rated
on par with criminal trial-
ILR 1995 (4) KAR 3389.
● Civil Court not to grant declaration that civil servant must have been promoted-ILR 1986 (1)
KAR 37.
● Civil Courts cannot interfere in results of domestic enquiry ILR 1996 (2) KAR 1905.
● When there is a Duty cast on the party by Law, to follow certain procedure & where there is a
breach, merely because corrective action is taken at subsequent time, initial breach cannot be
totally ignored ILR 2001(3) KAR 3448 DB.
● CIVIL COURTS awarding DAMAGES to plaintiff on the ground that he has spent some amount for
litigation not proper
ILR 2001 (3) KAR 3816.
● Filing of fraudulent cases to avoid court orders, the abuse of process of law by suchsuch
methods deprecated ILR 2001 (3) KAR 3746 SC.
● Process of criminal court cannot be misused to settle purely civil Dispute :- ILR 1997 (3) KAR
2145.
● IRREGULAR AFFIDAVIT –ILR 1997 (3) KAR 1856.
● Voluminous & irrelevant materials produced by both the parties- Bad- ILR 1997 (1) KAR 111.
● Natural Justice principles in all matters affecting citizens Rights/civil consequences.
ILR1997(1)KAR833,973,758.
● A Precedent of 15 years old required to be reconsidered on changing economic conditions &
other factors. ILR 1996 (4) KAR 3032. TUMKUR CASE.
● Suit for damages for Defamation: Damages awarded:- ILR 2001 (3) KAR 4142.
● Evidence produced without pleadings cannot be considered. ILR 1998(1) KAR 672.
● Impleading judicial officers as respondents not good – ILR 1998 (1) KAR 530.SC.
● When eviction is obtained by court by filing wrong address of tenant in court- ILR 2002 (1) KAR
847.
● Minor Discrepancies in the case of the parties cannot be blown out of proportion. – ILR 1998 (2)
KAR 1957.
● Parties knowing fully well the case of the other had led all evidence- non raising of points needs
no interference.- ILR 1998 (2) KAR 1403.
● Suit for direction to any authority to act in accordance with law is not maintainable- ILR 1998
(3) KAR 2612.
● When grant of land is proved by production of saguvalli chit, in a suit for possession of
encroached portion, it is wrong to go to the extent of land which was in possession of the Plf in
unauthorized coltivation. ILR 1998 (3) KAR 2262.
● ELECTION PETITION- ORDERS Passed by Munsiff- WRIT – Maintainable- ILR 1998 (3) KAR 2276.
● Long pendency of suits in courts does not create any rights in favour of the defendants. –ILR
1998(4) KAR 3580.
● Partition suit – plea of limitation taken –defendant says that suit was filed when finally plf
denied to give share- unless defendant proves ouster limitation contention cannot be accepted.
ILR 1998 (4) KAR 3161.
●
RULES OF PRACTICE;-
● Rule 56 CRP- Appendix -C- Finger print & hand writing analysis.
● Rule 138 CRP-The sale of Immoveable property shall ordinarily take place at the spot, subject to
the condition that final bid shall be offered before the p.o. at the court house.
● Rule 148 CRP - No sale shall be held on a holiday.
● Rule 99& 100 CRP- Costs & Special Costs.
●
ORDER 1 & RULES :-
● Not applicable to representative suits ILR1980 KAR 1032., ILR 1987[2] KAR 1242.,
● Does not applicable to the case of defective description of parties AIR 1961 SC 325.,
● Inapplicable to the execution proceedings ILR1995[2]KAR 1815.,
● R/W O22 R 2, LR's steps into the shoes of their predecessors.ILR1999 KAR 117[july]
● Necessary parties are those without whom no effective orders could be passed AIR 1969 PUNJ.,
AIR 1963 RAJ 198.
● Proper parties are those whose presence is necessary to completely & effectively adjudicate
upon & settle all questions in suit .AIR1963MAD 480,AIR 1967RAJ 131&252 ,AIR 1953 CAL 15,
AIR 1957MAD 699,AIR 1958 SC 886, AIR 1970 RAJ 167 ,AIR 1970 TRI 80,
● Proper parties are added to avoid needless Multiplicity of suit & to protect his interest. AIR 1956
HYD 192.
● Appellate court can remand to add necessary party AIR1940ALL399, AIR1949LAH248,
● Test to add parties;-[1] adjudication of real controversy [2] to settle all disputes [3] Parties
have substantative and direct interest.[4] whether only to vindicate certain other grievances
[5]considerable prejudice to other side AIR1968 MAD 287& 142, 1967[2]MYLJ365.,
● No suit against dead person ,no LR application or impleading application lie. AIR 1946 SIND 20 ,
R/W O 22 R4&9,
● KAR HC Amendment- O 1 R10[6]-Court may on application transfer the position of plf to dft &
viceversa.
● One co owner filing an eviction suit against tenant & denying the rights of other co owners
therein Suit not competent without impleading other co- owners AIR 1994 KER 164.
● Issue of non joinder of necessary parties cannot be raised for first time in appeal AIR 1994 AP
72.
● Non interested party need not be impleaded in the suit , even though such party was a
necessary party AIR 1994 GAU 18.,
● Orders passed does not amount to case decided hence not revisable by High Court ILR2000KAR
50SN.,
● O1 r8:-Requires averments in plaint & affidavit to fully satisfy the requisites. ILR 1997[2]KAR
1383
● O1 r8:-Person who files a suit in representative capacity is required to obtain the permission of
of the court under o1r8, -Granting of permission during the pendency of the suit does not change
the nature of the suit.ILR 2000 KAR 1511.
● O1 R10:- In ordinate delay in seeking addition of party - although an addition is possible at any
stage- inordinate delay dissuade the court from directing addition ILR 2001 [1] KAR 312.[DB].
● O1 R10;- To a suit for specific performance, the defendant sought permission to implead KSFC
as the Plf was to discharge the outstanding debt to KSFC ,IA dismissed-ILR 2000 (4) KAR
S.N.219.
● Condition precedent to strike out or implead party.ILR1996(1) KAR97.
● O 1 R 3 & 9:- Respondents Head office is not necessarily party to suit – entitled to be decreed
against regional office-ILR 1997 (1) KAR 553.
● O1 R8 R/W O7 R4 :-Prior notice is not required before granting permission to sue in
representative capacity where public interest is involved. – ILR 1998 (1) KAR 616.
● O1 R8 :- Notice to defendants before withdrawing suit-ILR2002 (2) KAR 2172.
●
● Objections as to misjoinder ;Waiver of objection if it is not taken before issues are settled .
● Leave of the court should be prayed ,at the time of filing of the suit ,for any other relief that
may arise or leftout.AIR 1965 SC 295, AIR 1971 CAL 221, AIR 1961SC 725, AIR 1993 BOM 67,
● O 2 r 2:- sub rule-3:-Scope & conditions for applicability and its applicability to continous or
recurring causes of action:-ILR 1997 [4] KAR 3288 [SC].
● O2 R3:- Sevaral causes of action against same defendants jointly in same suit. ILR 1995 [4]
KAR 2957.
● O2 R2:- Chits funds Act:- Leave of court:-ILR 2001(1) KAR 1524.
● RULES THAT BAR FRESH SUIT IN RESPECT OF SAME CAUSE OF ACTION;
O 2 R 2 ;- Omission to sue in respect of claim.
O 9 R 2 ;- Decree against plf by default bars fresh suit.
O 22 R 9 ;- Abatement of suit or its dismissal under it.
O 23 R 1 ;- Withdrawal of suit or abandonment of part of claim without leave of court bars fresh
suit.
O2 R3:- Sevaral causes of action against same defendants jointly in same suit. ILR 1995 [4] KAR
2957.
●
ORDER 3 & RULES;-
● Counsel for defendant being permitted to retire dft not entitled to court notice.
● Court has power under O 1 R 10A, to request any pleader to address in any suit of the party
who is not represented by any pleader.
● R/W Evidence act sec 118:-It is not necessary that party should examine first-it can be through
pa holder -it is valid evidence of plaintiff ILR 2001 (2) KAR 2628. ILR 2001 (4) KAR 4743.But not
when GPA is not produced – ILR 2002 (1) KAR 1449.
●
● Suit summons has to be served in person, unless an agent empowered to accept the serviceis
there. Service on the office clerk of the defendant is not proper service. ILR 2001 (4) KAR
4406.DB.
●
● Pleadings to state material facts & not evidence AIR 1937 LAH 795, AIR1959SC, AIR 1968SC
1083.
● Parties cannot be allowed to approbate & reprobate in their pleadings-AIR1993PH172
● Pleadings are foundations of case -cannot up new and different case-AIR1987SC2179
● Easementary right -special right-should be pleaded clearly & precisely- AIR1993KER91, ILR
1996[3]KAR 2826.
● Pleadings to be construed liberally ILR1996[4]KAR 3595.
● If IA is allowed & if the plf fails to comply the suit has to be dismissed. AIR1975AP
8,AIR1940NAG261,
● Where no legal right accrued & no prejudice to other side amendment allowedILR 1995 [2] KAR
1808.-Easementary Right of way not after prescriptive right lost.
● Guiding principles of amendment-AIR1957SC 363, AIR 1958 J&K62,
● Suit on pronote -amendment to delete same to make it one under original cause of action held
not permissible-1982[1]ILR ,MYS 730.,
● Suit for specific performance of contract for sale-plaintiff wants to amend plaint by introducing
his averments to readiness & willingness to perform his part of contract .It does not amount to
change in cause of action hence allowed,AIR1998SC 1230.,
● Once amendment of pleading is allowed party itself must incorporate the amendment it is not
ministerial act of the court AIR1993 BOM 175.,
● Plf through amendment tries to gain relief he had lost through efflux of time amendment cannot
be allowed-AIR1993 AP 47.,
● Amendment of W/S not displacing plf case allowed.AIR 1994HP 33.AIR 1993DEHL1,AIR 1993 MP
248, AIR 1993 GAU 50&42,.
● Introducing new case not allowed- ILR1996[3]KAR2462.
● Amended application, which wanted to introduce material particulars & not material facts, is
allowed ILR 2001 [4] KAR 4317.
● O6 r17 : & O8 r9:-New & inconsistent pleas cannot be raised under o8r9,such pleas can be
raised under o6 r17.ILR 2001 [4] KAR 4580.
● O6 r5:- Party is entitled to better particulars in a proceeding ,if they are necessary to take a
particular defense at the time of filing w/s but the party cannot seek particulars which are all
matters of evidence:-ILR 2001[3] KAR 4350.
● O6 r17:- Doctrine of finality which attracts itself itself to a different stages of legal proceeding -
No Amendment allowed - Because litigation gets dilated & goes on interminably:-ILR 2000 KAR
571.
● O6 R17:- Easementary right of way ;amendment to add relief of declaration - Not in absence of
necessary parties & not after prescriptive lost. ILR 1995[2] KAR 1413.
● Specific relief act sec34&limitation act;- no permission to amend plaint after suit for relief
barred by limitation during pendency of proceedings in appeal. ILR1996[1]KAR1067[SC].
● Delay of five years, matter known from 16 years-amendment not allowed-ILR 2000 (4) KAR
4550.
● Courts should be liberal in allowing amendments-, which do not change the cause of action,
facts, & pleadings may succeed. ILR 1997 (1) KAR 543.
● Amendemnt of plaint for including phut karab – allowed in revision by HC with costs-
ILR1998(3)KAR2249.
●
● Courts can grant relief’s not prayed for in the suit. ILR 1999 [1] KAR 222. AIR 1994 AP 164. AIR
1994 AP 72.
● O7 r11: plaint can be rejected even after framing of issues: ILR1998 [4] KAR 3033[SC].
● O7 r7: Relief to be in the context of plaint allegations & cause of action, not larger than claimed
in the suit & not barred by time.ILR 1996[1] KAR 941.
● O7 r11: Non payment of deficit court fee even though time to make good the deficit was
granted more than once -plaint rejected -discretion vested in court . ILR 2001[1]KAR 868 [DB].
● O7 r10A: Procedure involving return of plaint for lack of jurisdiction - notice to parties - appeal
against return - ILR1996(2)1893.
● Absence of willingness to perform his part of contract in plaint. AIR 1994 SC 1200. AIR 1978
KANT 98.
● Amendment made to plaint before presenting it to senior court when it is returned under O7
R10A- NO objection can be maintained for that. ILR1996 (4) KAR 3628.
● O7 R14 (1): - Suing with a different document, rather than document which was relied upon by
plaintiff. ILR 1996(4)
KAR 3226.
● Suit for ejectment is not properly framed- ILR 1997 (4) KAR 3288. SC.
● Petition to Declare marriage as void – ILR 1997 (2) KAR 964.
● Rejection of plaint on the grounds of Limitation. ILR 1997 (2) KAR 1127.
● Eviction cause is a reoccurring one – ILR 1997 (2) KAR 1119.
●
● O 8 r 9 : Non filing of a rejoinder does not amount to admission in W/S . ILR1999 [JULY] 2539.
● O 8 r 6 : Counter claim , cross suit, & set off, AIR 1964 SC 11.
● O 8 r 5 : Pleading of ignorance of plaint averments amounts to admission of the averments-
unless contrary is proved by implication AIR 1994 RAJ 133.
● O 8 r 1 : Deliberate delay in filing of the w/s in a suit suit suit for recovery of huge amount by
bank -Held court competent to strike off the defence AIR1994PH10.
● O 8 r : Right of addl w/s against amended plaint. AIR1961HP46, AIR1978GUJ94.
AIR1949MAD622, AIR1953MAD492&504, AIR1955AP8, 1973[1]MYLJSN2,.
● O 8 r 6A :-Written statement filed - Issues framed - It would not deprive the defendant of the
right to file counter claim.ILR 1999 KAR 4610.
● O8 R6A:- Defendant can file a counter claim any time before the commencement of the
recording of evidence.ILR 1999 [1] KAR 898 [DB]. ILR 2002 (1) KAR 265.
● Liability not specifically disputed claim liable to be treated uncontroverted ILR1996[1]KAR435.
● Written statement was not filed till 1999 when the suit was filed in 1996. Plaintiff filed an
application under O8 R10 Supreme Court , by appeal , allowed the application ILR2001 KAR
12[SC]
● O8 R6A;- Counter claim can be filed by party where evidence is not completely closed by the
parties & before the matter is reserved for the judgement.ILR2001KAR179. case of ILR1999 KAR
898[DB] is interpreted & five Supreme Court cases referred.
● If W/S is not filed , it is neither necessary nor proper appropriate to direct the plf to adduce
evidence in support of the facts pleaded by him. The court has to pronounce judgment and decree
the suit. When there is no inconsistency in the facts pleaded by him. Court has to pronounce
judgment on relevant facts :- ILR2001(1) KAR546 DB. When the suit is not barred by limitation,
when defendant does not appear-Shall Decree- ILR 1998 (3) KAR 2653.
● Counter claim:- In a suit for recovery of money ,defendant claimed thathe incurred a loss of Rs
12000/- per mensum due to the intentional delay in releasing the loan amount & hence the suit
be dismissed. It is well settled law that in such a cases defendants have to make counter claim by
paying court fee, without this trial court should not go into such issue-
besides under sec 55 of contract act it is clear that “ when the promisee cannot claim
compensation for delayed performance of the contract when the promisee has accepted
performance, unless he gives notice to the promisor of his intention to claim damages.- ILR 1997
(2) KAR 1042.DB.
● Admissions in written statement ignored by lower courts- ILR 1998 (1) KAR 916.
● W/S not filed – it does not deprive defendant to cross examine –ILR 2002 (1) KAR 260.
● W/S not filed – cross examined by defendant –it amounts to contest – he can file appeal- ILR
2002(1) KAR 615.
●
ORDER 9 & RULES:-
● PRODUCTION OF DOCUMENTS- stage of disclosure - ILR 1996 (2) KAR 1649 (DB).
●
ORDER12 RULES:-
● Suit for injunction- alleging encroachment & putting up construction – defendant claim is that he
is not encroaching & putting any construction. The defence put up by defendant does not amount
to admission. Suit has to be dismissed for want of cause of action- ILR 2001 (4) KAR 4386. SC.
●
● One party in a suit citing other party as his witness,when 1965[2]MYLJ788, 1974[1]KLJ70, AIR
1938 PC.
● Warrant not to be issued unless evidence of witness is material 1977[1]MYLJ370.
1970[2]MYLJ348.
● Refusal to allow party to lead further evidence AIR 1958 J&K27.
●
● In ascertaining whether a party had reasonable opportunity to put forward his case or not, one
should not ordinarily go beyond the date on which adjournment is sought for. The earlier
adjournment if any granted would certainly be for reasonable grounds, that aspect need not be
examined once again if on the date of adjournment sought the party concerned has a reasonable
grounds ,the mere fact that in past adjournments were taken is of no effect. If ADJ is sought on
filmsy grounds the same would be rejected. ILR2001(1) KAR 1387SC.
● Seeking ADJ on valid grounds-Denial of opportunity to present case:-ILR 2000 (4)KAR
3483(DB).
●
ORDER 18 & RULES:-
● Where a suit proceeds exparte or opposite party leads no evidence in rebuttal plaintiff will not
be entitled to a decree unless he proves his case by legal evidence. AIR1993MP194
● O20 R18,:-Once final decree was drawn in a partition suit application for enquiry into profits
derived by the plaintiff cannot be entertained as there is no such direction in the final decree ILR
2000 KAR 1026
● O20 R18:- After passing of preliminary decree & before passing of final decree ,death of some of
the parties -Share of the parties enlarged, no bar for passing second preliminary decree: ILR 1996
(1) KAR 963.
●
● O22 R9&10A:-Death marriage & insolvency of parties-Factors to be taken into account while
condoning delay in bringing LR's on record . ILR1999[4]KAR2767SC
● No abatement of suit when one LR is already on record AIR 1971 SC 742.
● When claim is made against all debts suit will not survive after death of the one of the
defendants.ILR 1988 KAR 549.
● LR's include heirs as well as persons who represents the estate even without title 1989[2] SCJ
474.
● O22 R2& O1 R10:-LR's steps into the shoes of their predecessor. They cannot take up any other
defence arising out of their individual Rights.ILR1999[3]KAR75&SN117.
● O22 R 4 ;- LR'S have a right to file a W/S ILR 2001 [1] KAR SN5.
● O22 R3& 4;- Non substitution of LR'S of deceased surety will result in abatement of appeal only
against the interest of surety ,without affecting the liability of the other parties actually
present.ILR 2001 KAR (DB)312. ILR 2001KAR (DB)236 SC.
● O22 R4 & 5 :-Orders passed under does not operate as resjudicata & does not conclusively
establish right title to the property or decide such a person as a heir of the deceseased for the
purpose of continuing the suit. ILR 2001 (2) KAR 2292.
● All legal heirs to be brought on record-ILR 1995(4) KAR 3389.
● Dispute as to who is the LR- ILR1996(1) KAR 832.. ILR 1996 (3) KAR 2229.
● Existence of Proceedings not known is the reasons shown for delay to file LR application- delay
condoned – ILR 2002 (1) KAR 1064.SC.
●
● AIR 1985 KAR 166, ILR 1984[2] KAR 194, AIR 1968 SC 111, 1969[2]KLJ522, 1980[2]KLJ390,
ILR 1997[3] KAR 1865.
● Advocate can enter into a compromise ILR 1993[1]KAR584[DB].
● Withdrawl of appeal 1974[2] KLJ 74.
● Rent control case ILR 1994 [3] KAR 2455.
● Validity of consent order depends wholly on legal validity of agreement on which it rests AIR
1992 SC 248.
● Compromise does not create a fresh lease - Registration of the compromise not required.AIR
1993 BOM 34.
● O23 R3 & O43 R1A:-Application for setting aside compromise decree maintainable ,and also
appeal is maintainable ILR 2000[1] KAR 86. Mandatory procedure to set aside- ILR 2001 (2) KAR
2633(SC).
● O23 R1[4] [B] :-Land lord withdrew the eviction petition without reserving the liberty to file
afresh petition subsequently the landlord filed yet another eviction petition on the same cause of
action, H.C reling on 1984[2] KLJ 35 held that landlord without seeking the permission of court for
second eviction petition is clearly barred under o21 r 1[4] [b]. ILR 2000 KAR 1651.
● O23 R1&3A:- Compromise can be recalled only if it pleaded that fraud is played in bringing
about the compromise between the parties also held that suit to set aside compr- omise decree
itself is not maintainable ILR1999[3]KAR3344,ILR1995[4]KAR3389.
● O23 R3:- When one party to the suit sets up a compromise in the suit & the other party does
the same, the court has to enquire into the matter & has to record a finding whether there was a
compromise or not. ILR 2001(1)KAR 1498.
ILR 2002(1) KAR 468.
● O23 R1(3):- PLF is having unqualified right to withdraw suit & if he seeks permission to file fresh
suit, he is liable to pay costs, ILR 2000 (4) KAR 4295.
● COMPROMISE IN DIVORCE CASE :- ILR 2001 (3) KAR 3459.DB.
●
● O34 R :-Writ petitions seeking relief of payment of interest on delayed refund could not be
maintained.ILR 1999 [1] KAR 1 SC.
● Interest to be awarded at agreed rate - Industry or Commercial ILR1993[2] KAR 1427.
● Interest on bank transaction 1977[2] MYLJ 46,
● Interest from date of suit till realization . Defendant to show his financial position for awarding
lesser rate than the RBI rate ILR 1992 [JULY]KAR 2016.
● Increase in rate of interest as per RBI directive , by banks , Increase without notice to debtor
violation of Natural Justice -Circulars themselves envisages intimation to debtors & obtaining their
consent. ILR 1994 [2] KAR 1129 DB.
● Rate of interest in Bank cases ILR 1995 [3] KAR 2214.
● Section 21A of Banking Regulation Act 1949 does not override O34 R11 of CPC. -ILR 2001(1)
KAR 553.
● Courts Discretion to award interest – ILR 1997 (2) KAR 1042.
●
● Section 151 CPC R/W O39 R1&2-Defendant can claim for T.I.Order
ILR1989[1]KAR962,1975[1]KLJ96,ILR1986[2]KAR130.
● O39 R1&2 Open only to plaintiff ILR 1993[1]KAR161,
● Declaration -Injunction-Date of birth-ILR 1992[1] KAR KAR 554.
● No appeal against ex parte T.I.-ILR 1991[3]KAR 3271.ILR1994[2]KAR1653.ONLY O39 R4-
ILR1996(1)KAR961.
● No injunction against un ascertained property ILR 1991[2] KAR 1696. ● ILR 1994[3] KAR 1715.
● Exparte T.I cannot be granted when caveat U/S148A lodged,ILR1997[1]KAR29.
● O39 R1&2, O40 R1,:-In a suit for injunction plaintiff sought T.I & the defendant appointment of
receiver -Trial court dismissed the application for the appointment of receiver filed by the
defendant, but allowed inj restraining defendants from running the business in the premesis.-High
Court refused to appoint receiver ,SUPREME COURT also refused and dissmed appeal .ILR1997[4]
KAR 2487 [SC].
● Siddaganga Mutt's Case:- ILR 1989 [2] KAR 1701.
● When trespasser can get T.I. ILR 1999[2] KAR 1451.Even against true owner-cannot be thrown
out except under due process of Law,ILR2000,KAR 435. ILR 2002 (1) KAR 174. NO T.I AGAINST
TRUE OWNER -BY TRESSPASER-ILR 1986 (1) KAR 1130.
● Right to conservancy ILR 1975 MYS 875, AIR 1975 MYS 99,1975[2]KLJ109.
● INJ against co owners cannot be granted or a co sharer in possession restraining him from using
the property in a manner which will change the nature of the property . Great caution should be
exercised in such a cases AIR 1962 MAD 260, AIR 1958 AP 431, AIR 1958 PUNJ 318, AIR 1914
CAL 362, AIR194 CAL 436.ILR1999[3]KAR3037. 1972(2) MYLJ 126->unless lawfull possession
made out.
● T.I. Grant of circumstances,1962 MYLJ 127, AIR 1952 MYS 76.ILR1952MY354,
● T.I - Subsoil water right ILR 1954 MAD 793.
● O39 R3 :- Police help should be given to party in whose favor INJ order is granted, AIR 1982 AP
394 [OCT]. ILR 2001[1] KAR 462.
● Court cannot direct police to give protection AIR 1971SC742,1976[1]KLJsnrd40,
● O39 R2A:-ILR 1973 MY 391, 1974[2]MYLJ SN 140&78, 1981[1]MYLJ33,ILR 2002 (1) KAR 976.
● Lesse is entitled to be in possession till evicted in due process of law ILR 1985[2] MYS 3700.
● P.I &T.I.,:- Matters to be considered at the time of trial are different for consideration of point at
the time of disposal of IA ILR 1986[1] MYS 171.ILR1996[1]KAR753.
● INJ against third party AIR 1949 PAT 496.
● Supreme Court will abstain from passing Interlocutory order U/S 94 if it has effect or tend to be
susceptible of an inference of pre judging some important & delicate issue in main matter. AIR
1992 SC 63.
● T.I. restraining authorities from canceling contract cannot be granted. AIR1993ALL78,
● The punishment of civil imprisonment in case of violation or disobedience of the order of Inj of a
court is to be awarded " In addition to" & not "in lieu of" or in the alternative of the punishment of
attachment of his property. Detachment order passed there under is appealable. AIR
1998RAJ115,AIR 1994 BOM38.
● Belated application for cross examination of the deponent with the object to delay the
determination of injunction matter - application rejected.AIR 1994GAU52.
● When a party makes an application for an immediate exparte TI & the court refusal to grant
such INJ & instead issues notice to the opposite party , the order of refusal appealable under O43
R1[r]
● Patent infringement-ILR 1995[3]KAR2010.
● Demolition by municipality ILR 1995[3]K AR2615.
● INJ against public authorities -Directions for the courts to follow the directions laid down by
Apex Court- ILR 1995[4] KAR 3579.
● QUASI-JUDICIAL authorities cannot usurp the rights of Civil courts, AIR 1968 SC 620. AIR 1987
KAR 79.
● O39 R3A:-Exparte TI to be disposed of within 30 days - If not appeal lies appellate court may
taking suitable action against erring Judicial officer including recommendi- -ng to take steps for
making adverse entry in his ACR's. Party obtaining exparte TI has to perform his duty under
cl[a]&[b] of O39 R3. Disobedient beneficiary of order cannot be heard to complain against any dis
obedience alleged against other party. ILR 2001 KAR 1.[SC]
● Suit for Dissolution of partnership,T.Iwas sought for restraining business activity&alie nation of
properties.Only T.Inot to alienate the property was given. ILR2000 [4]kar 3624.
● Khartha sold it , other coparceners have no right to interfere with alienee . Alienee entitled to
T.I. to protect his possession ILR1996[2]KAR 1883.
● Suppresion of fact of earlier dismissed application ILR1996[2]KAR1618.
● DIRECTION TO POLICE FOR ENFORCEMENT CAN BE GIVEN:- ILR 1996[2]KAR 1271.
● Principles under Specific Relief Act having controlling power when T.I. granted- hardship or
injury- ILR1996[2] KAR 1485.
● NO T.I. IF SUIT ITSELF IS NOT MAINTAINABLE-ILR1992[4]KAR1772.
● Previous litigation & finding & new T.I.- 1977 [2] KLJ 489.
● O39R4:- When house building society allotted sites to plf only on the basis of approved plan of
layout -No final notification in acquisition proceedings has taken place-society is not having any
title. Plf getting T>I> on the basis of plan of layout- not proper-ILR2001(2)KAR3249.
● T.I may be granted even if P.I. is not sought in suit- ILR 1987(3)KAR 2863.● Undertaking given
to court - 1974 (1) KLJ S.N.180.
● O 39 is not applicable to probate proceedings 1963(1) MYLJ 549.● Inherent powers -T.I can be
issued -1962MYLJ 1037.
● Inj to restrain departmental enquiry- 1979 (1) KLJ 338.
● Attachment before Jdt & grant of T.I -different-1975(1)KLJ S.N.161.
● Primafacie case - Imminent danger -irreparable loss - Balance of convenience -1970 (2) MYLJ
82.
● Seizure of accounts and documents - courts cannot pass such orders -AIR 1961 SC 218.
● Discretionary relief of injunction should not be granted when equally effacious remedy is
available.-AIR 1976 SC 2621.
● Possession- & Inj- 1974(2) KLJ 484.● POSSESSION GOES WITH TITLE- 1983(1) KLC 7.
● QUESTION OF TITLE NOT raised -peace full enjoinment for long period -Inj granted -1982(2)
KLJ 301,1231.
● Mandatory INJ - cardinal principles -1983 (2) KLJ 377.
● Intending Transferee in possession files Inj suit -section 53A of TP Act -1981(2) KLJ 388.
● Neither plaintiff nor defendant establishing possession- one of them establishing title-
presumption of possessionin his favour to be made 1983 (1) KLJ 69.
● INJ against PLf not to proceed with earlier suit - Requires great caution & care - such an order
should not be made unless in absolutely necessary - AIR 1962 SC 527. AIR 1976 DEL 60.
● Delay in approaching court not a ground to refuse INJ - 1981(2) KLJ 92.
● Unsustainable T.I - failure in considering standing orders by trial court - Misapplication of law
and order illegal. 1981(1) KLJ 350.
● Coclusion of courts should be based on material facts - news paper cutting, opinions expressed
by judges reported in news paper- should not influence judicial process.-ILR 1985 (1) KAR 918.
● CONDUCT OF PARTY IS RELEVANT. - 1975(2) KLJ 428. - 1965 (1) MYLJ 370.
● INJ against members of SOCIETY WHICH IS UN REGISTERED cannot be issued- AIR 1981 CAL
393.
● Aggrieved by conditions imposed in granting T.I , only revision lays & not appeal before HC ILR
1996(3) KAR 2352.
● Plf aware of it - and guilty of acquisence -Bal of con not in Plf favour-T.I rejected.ILR 1996(4)
KAR 2957.
● Primafacie case not established - ILR 1997 (1) KAR 304.
● Oral agreement - INJ restraining sale could not be granted- AIR 1995 MAD 172.
● No Interim order to stop executing a will – ILR 2001 (3) KAR 3466 DB.
● Grant of exparte order without issuing notice to caveator is illegal. ILR 1997 (1) KAR 29.
● Maintenance of status quo ought to be ordered- ILR 1997 (2) KAR 900.
● INJ vacated when it is given without finding as to possession. – ILR 1997 (2) KAR 999.
● INJ may be given only by making proper provision for its confirmation or modification or hearing
the other side otherwise it is arbitrary – ILR 2001 (4) KAR 4634.
● INJ Restraining a person having life interest only under the terms of will from alienating the
property – cannot be granted. ILR 1997 (4) KAR 3089.
● O39 R4 & SEC115:- Appellate court should not interfere lightly with the discretion excercised by
trial court.- ILR 1998 (1) KAR 419.
● Mandatory Injunction – Encroachment in 3 guntas of land – when large portion of landis
encroached mandatory INJ shall have to be issued as the plaintiff will be losing not only his right
over site but also a right to put up the building of his choice. ILR 1998 (2) KAR 1976.
● Suit for Declaration & Mandatory INJ :- ILR 1998 (2) KAR 1206.
● O40 R3:- Return of plaint for presentation to another court after court appointing receiver -
court having jurisdiction over receiver.1968[2] MYLJ 474.
● Receiver can be appointed after decree to safeguard the interest of parties - during pendency of
further proceedings. 1963 MYLJ 145.
● AIR 1952 NAG 258, AIR 1954 PUN 122, AIR 1957 NAG 1, AIR 1955 MP 40, 1965[2]MYLJ 548.
● Sub Rule 2 of O40 R1 Clearly indicates that the court & its officer does not possess any right
higher than the right a party to a suit possess AIR 1997 SC 173.
● Receiver taking vacant possession of the property can not induct tenant in the property without
the permission of the court.AIR 1993 BOM 265.
● Receivership cannot be imposed on the parties by the court. AIR 1994 SC 478.
●
ggrieved by the finding from agitating the question covered by the finding in any other
proceeding. ILR 1996(2) KAR 1445.
● If respondent intends to challenge part of the decree , based on certain findings, cross
objections has to be filed but it is open to respondent to support decree by showing that a
particular finding should not have been recorded can do so by not filing objections: ILR 1996 (2)
KAR 1321.
● First appeal & second appeal-matters to be dealt with- ILR 2001 (3) KAR 3385 SC.
● At admission stage only appellant side has to be heard. ILR 1997 (2) KAR 1291. DB.
● O41 R27:- Suit for permanent INJ Decreed exparte. In first appeal, the defendant sought to
produce two documents to show that possession was taken over from the plaintiff long back.
Supreme Court allowed the application for additional Evidence ILR 1997 (4) KAR 3119.SC. ILR
1998 (1) KAR 331.SC. ILR 1998 (2) KAR 1206.
● Suit itself dismissed instead of appeal in appeallate court – ILR 1998 (1) KAR 916.
● Account books marked, relevant entries were not marked,- application at appeal stage to
produce evidence- application not allowed.- ILR 2002 (1) KAR 1471.
● O41 R27:- Insurance company filed IA to produce policy in appeal- Rejected. ILR 1998 (3) KAR
2073.
●
● Appeal lies as against the order of dismissal of application for restoration of a dismissed suit &
not revision. ILR 2000 [1] KAR SN4.
● Exparte injuction order can be challenged by filing appeal or by approaching the same court for
vaction ILR2001 KAR 1[SC].
● Order either approving or directing alteration in the draft of the document or the transfer deed
are appealable and the party aggrieved can file an appeal from that order. If no appeal is filed
such order becomes final.ILR 1996 (2) KAR 1552.
● Suit dismissed for non payment of addl court fee- appeal maintainable –ILR 1996(4)KAR 3403.
●
● Review powers of HRC Court- No powers - ILR 1992 [2] KAR 1706,ILR 1987 [1] KAR 715, ILR
1993 [2] KAR 1120.
● AIR1966SC153,AIR1968SC439, AIR1963SC698, AIR1964SC1336,1341. AIR1965SC553&1585,
AIR1968RAJ237, AIR1968DEL181/188,AIR1970PUN451,
● When subordinate court decides the matter before it ignoring the ruling of High Courts, which is
binding on it it acts in excess of its jurisdiction ,High Court can interfere 1965[2] MYLJ 598. ● AIR
1953 SC23, 1964[2] MYLJ SC 36, AIR 1966 SC 153&439,
● Ground of total misreading of admitted material or record -Application should be supported with
an affidavit AIR 1994 CAL 165.
● Passed by second appellate court - cannot be reviewed on the ground that discovery of new
evidence on question of fact- AIR 1993 DEL85. ILR 1995[4]KAR 3420.
● SEC 115:- & O9 R 13:- Trial court set aside the exparte decree relying on the opinion of
handwriting expert & holding that process server has forged the signature of the defendants.High
court cannot interfere with the finding as it amounts to weighing the evidence which is
impermissible under section 115. ILR 2001(1) KAR 1391.(SC).
● Existence of alternative remedy not bar in giving relief in review petition, ILR 1995 (4) KAR
3389.
● Erroneous decision on questions of law or fact affecting jurisdiction open to revision- ILR
1996(1)KAR 753.
● SEC 115;-Revision lies against 'case decided'- affidavit of one party sought to be produced in
evidence its rejection is ' case decided' ILR 1996(1) KAR 1957&1808.
● Question of suppression of material fact is a mixed question of fact & law ,Revisional court is not
the proper forum for agitating the point - AIR 1995 CAL 113.
● Where it is shown that orders are obtained by playing fraud , the court gets jurisdiction to go
beyond the limits permissible under law to review a judgment – ILR 2001 (3) KAR 3532.
● When court exercise its discretion by application of its mind to the peculiar facts & nature of
dispute- the same cannot be interfered in revision. ILR 2001 (3) KAR 3604.
● REVIEW can be if it is shown that new material is discovered or where there is an error apparent
on the face of the record. ILR 1997 (3) KAR 1824.[HINDU SUCCESSION ACT]
● ILR 1997 (2) KAR 808.
● Claims tribunal is not civil court for section 115 –ILR 1998 (4) KAR 3733.
●