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1 - 10 of 10 (0.21 seconds)Section 151 in The Code of Civil Procedure, 1908 [Entire Act]
Section 100 in The Code of Civil Procedure, 1908 [Entire Act]
Commissioner Of Endowments & Ors vs Vittal Rao & Ors on 25 November, 2004
The said decision has been relied on by the
court in Commr. of Endowments v Vital Rao
(2005) 4 SCC 120.
Sajjadanashin Sayed Md.B.E.Edr.(D)By ... vs Musa Dadabhai Ummer & Others on 23 February, 2000
See also Sajjadanashin
Sayed v Musa Dadabhai Ummer (2000) 3 SCC
350 "
Swamy Atmananda & Ors vs Sri Ramakrishna Tapovanam & Ors on 13 April, 2005
13/ Hon'ble Supreme Court in the case of Swamy
Atmananda Vs. Sri Ramakrishna Tapovanam reported in
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(2005) 10 SCC 51, it has been held that "even without framing of
issue of res-judicata, the pleadings of the parties and the
documents filed in the Court and relied on by the parties make
out the case of res-judicata, then the findings of the Court that the
parties to the suit is estoppel by raising certain issues already
decided, cannot be disturbed."
Union Of India vs Ibrahim Uddin & Anr on 17 July, 2012
16/ Learned counsel for the appellant has failed to show
that how the finding of fact recorded by the Courts below are
illegal, perverse or based upon no evidence. Thus, no substantial
question of law arises for consideration in the present second
appeal. The Supreme court in number of cases has held that in
exercise of powers under section 100 of the CPC the Court can
interfere with the finding of fact only if the same is shown to be
perverse and based upon no evidence. Some of these judgments
are Hafazat Hussan Vs. Abdul Majeed and others , 2011(7) SCC
189, Union of India Vs. Ibrahim Uddin, 2012(8) SCC 148 and
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Vishwanath Agrawal Vs. Sarla Vishwanath Agralwal 2912(7)
SCC 288.
The Code of Civil Procedure, 1908
Saroja vs Chinnusamy (Dead) By L.Rs And Anr on 24 August, 2007
10/ Hon'ble Supreme Court in the case of Saroja v
Chinnusamy reported in (2007) 8 SCC 329.has held as under :
Smt.Usha Rai vs Shrikrishna Sanskrit Pathshala Samiti on 27 March, 2023
6/ During pendency of the trial, respondent/defendant
filed an application under section 11 read with section 151 of
C.P.C, which has been allowed by the trial Court vide order dated
15/07/2022. Without framing of issues and adducing evidence,
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the trial Court committed grave error in dismissing his sut by
allowing the application filed under section 11 read with section
151 of C.P.C. The same has been affirmed by First Appellate
Court. Both the Courts below have committed error in not
considering the provision of section 11 of C.P.C. Thus, in view of
the aforesaid, he prays that present Second Appeal deserves to be
allowed on the substantial questions of law as proposed by the
appellant. Learned counsel has also place reliance upon the
judgment delivered by this Court in the case of Usha Rai and
another Vs. Sanskrit Pathsala Samiti (Second Appeal no.
414/2000 decided on 03/08/2023)
7/ I have heard learned counsel for the appellant and
perused the entire record with due care.
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