Civil Procedure Code, 1908, Order 16, Rule 2 -- Summoning of witnesses - Eviction suit - Presence of witness is necessary to prove the fact that defendant had sublet the premises - Petitioner is claiming mesne profit and, therefore, in order to prove the prevalent market rate of properties in locality, summons to other witness/Branch Manager is also necessary - Rejection..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - In absence of any appeal being filed from the common judgment deciding two suits, failure to challenge the decree passed in one of them would not permit the appellate Court to decide the appeal challenging other decree - Appeal rightly dismissed...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Injunction suit - Advocate commissioner cannot be appointed at the threshold for gathering evidence - Only in cases where there is a serious dispute regarding identity of property or boundaries thereof, an advocate commissioner can be appointed in injunction suit...........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution proceedings - Cannot be sought by a stranger to the decree...........
Civil Procedure Code, 1908, Order 21, Rule 99, 101 -- Execution - Third party when dispossessed from the suit property to which he claims any right, title or interest before getting any opportunity to resist or offer obstruction can file an application U.O.21.R.99 CPC claiming that his dispossession is illegal and that possession deserves to be restored - If such an..........
Civil Procedure Code, 1908, Order 21, Rule 99, 101 -- Execution - Objections - Application U.0.21.R.99 CPC filed by petitioner dismissed summarily being barred by res judicata - Order passed thereon would not be decree within meaning of O.21.R.103 CPC as issues have not been adjudicated as envisaged U.O.21.R.101 CPC - Revision therefore is maintainable and so the writ..........
Indian Penal Code, 1860, Section 376, 341 -- Rape - Prosecutrix was 60 years old at the time of incident while accused was aged 17-18 years - Doctor who examined prosecutrix specifically stated that nothing was found to show that prosecutrix was subjected to sexual intercourse - Prosecutrix stated that her sari was torn in the incident but said sari was not produced before..........
Civil Procedure Code, 1908, Order 7, Rule 14(2), Civil Procedure Code, 1908, Order 8, Rule 1A, Civil Procedure Code, 1908, Order 13, Rule 1 -- Production of documents - If a document required to be produced in Court is not produced with the pleadings of concerned party, then it may be produced at the time of hearing, with the leave of Court, if sufficient reason is shown..........
Civil Procedure Code, 1908, Order 13, Rule 3 -- Rejection of irrelevant document - If at any stage Court finds that additional document in the shape of evidence produced with the leave of Court is not relevant or is in admissible in evidence then Court is empowered to reject such evidence in terms of O.13.R.3 CPC...........
Civil Procedure Code, 1908, Order 37, Rule 1(2)(b)(i) -- Summary suit for recovery - A simple document showing payment by plaintiff to defendant will not be a written contract as contemplated U.O.37.R.4 CPC - Suit lies only if amount claimed is a debt or a liquidated demand of moneys arising on a written contract - This is because it is only promise to pay which creates a..........
