Civil Procedure Code, 1908, Order 14, Rule 3 -- Issues - Court is supposed to frame issues on basis of allegations of parties made in their pleadings or in answer to interrogatories or contents of documents...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Scope - Provision of O.18.R.17 CPC empower Court at any stage to recall and examine any witness whose evidence it deems essential for the judicious adjudication of the matter and would be required to clarify on certain issues but at the same time it is to be kept in mind that the same is not a provision to be used to fill in..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Additional evidence in rebuttal - Where there are several issues and burden of proof of some of which lies upon defendant, plaintiff who is conscious of this lis and alive to matter in issue can adduce evidence in entirety vis-a-vis all issues including those onus of proof of which is upon defendant or having..........
Civil Procedure Code, 1908, Order 46, Rule 1 -- Reference - O.46.R.1 CPC restricts references with regard to such of those matters which are appealable - Reference has to be only on a question of law and not on fact...........
Civil Procedure Code, 1908, Section 113, Order 46, Rule 1 -- Reference has to be only on a question of law and not on fact...........
Civil Procedure Code, 1908, Section 113 -- Reference - Scope - Reference not pertaining to matters testing constitutional validity of any Act, Ordinance or Regulation - It pertains to interpretation of terms of decree, as it exists as on date, which is beyond the scope of reference - Reference misconceived...........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10 -- Impleadment of sub-lessee/sub-tenant - Eviction suit - Sub-lessee/sub-tenant is neither a necessary nor a proper party in a suit for eviction - Application held, rightly rejected...........
Civil Procedure Code, 1908, Order 11, Rule 14 -- Production of documents - Eviction suit - Documents sought by landlord are regarding another additional property acquired by tenants - Tenants have admitted in their written statement that they have acquired additional property - However, tenants have not produced said documents on record - Production of said documents are..........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 27 -- Additional evidence at appellate stage - Eviction petition - Bonafide requirement - Landlord has not pleaded that his son is working in Delhi and present premises is required by his son to open a new business or to expand - In these circumstances, it is necessary to grant opportunity to tenant to further..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint can only be rejected if it squarely falls within ambit and four corners of O.7.R.11 CPC and not otherwise...........
