Fresh cause accrued in present suit, which was not available in the previous suit -- Present suit not barred under O.2 R.2 CPC even though the dispute was same, between the same parties and ..

Plaintiff claimed that passage was personal rasta -- Defendants claimed that it is public passage -- Onus was on plaintiff and not on defendant to prove his assertion which he failed to do -..

Trial Court suo motu corrected its mistake -- It does not amount to review of own order..

Question of possession , on the behalf of the party, cannot be determined by the Local Commissioner..

Application under O.41 R.27 CPC ought to be decided at the time of adjudicating main appeal and not during pendency of appeal..

Suit for Specific Performance was settled between the parties before Lok Adalat -- Entire Court fee was required to be refunded..

Before Executing Court, JD instead of compliance filed application under O.26 R.9 CPC to ascertain the extent of encroachment -- Application dismissed..

Dismissal of application under S.5 and consequently appeal also -- Remedy is to file RSA and not a petition under Article 227 of Constitution..

Agreement to never eject the tenant, at the time of inception of tenancy, is a mandatory pre-condition -- Long possession and nominal rent does not confer proprietary rights on occupancy ten..

Undertaking by Employee for not claiming such benefits -- Such exploitative undertakings are void ab initio since no employee can be forced to contract out of his statutory rights..

Pre-Suit interest is payable as per agreement between parties -- However, award of interest pendente lite and post-decree is discretion of the Court irrespective of the agreed rate of intere..

Mere participation of JD in execution proceeding would not absolve the DH of the burden to prove that JD despite having means had willfully neglected to pay..