Civil Procedure Code, 1908, Order 17, Rule 1, 2 -- Closure of evidence of plaintiff - Closure of plaintiffs evidence without deciding application U.O.11.Rr.12, 14 CPC is clearly erroneous - Moreover, closing of evidence has a completely disproportionate consequence of plaintiffs evidence not being led with right of plaintiffs to their property being severely jeopardized -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Sought when suit was fixed for rebuttal and arguments - Delay of five years in seeking amendment - Plaintiff failed to explain due diligence - Application for amendment rejected...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Eviction suit - Amendment sought to incorporate relief of mesne profits and damages - Trial Court allowed amendment and returned plaint to plaintiff for filing of same before appropriate Court having pecuniary/territorial jurisdiction to try and dispose of the suit - To refuse amendment to include prayer..........
Civil Procedure Code, 1908, Order 17, Rule 1 -- Adjournment - Plaintiff was granted twelve adjournments to cross-examine defendant's witnesses - However, plaintiff not opted to cross-examine witnesses - Trial Court rightly closed right of cross-examination of plaintiff and listing matter for final hearing...........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - From a bare perusal of FIR, it appears that it is a civil dispute relating to agreement to sell, which is given colour of criminal litigation - FIR quashed...........
Civil Procedure Code, 1908, Section 11, Order 2, Rule 2 -- Res judicata - Divorce petition - In matrimonial matters, rigours of doctrine of res judicata and principle of O.2.R.2 CPC have to be viewed more liberally than in other civil disputes...........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of divorce petition - Barred by Res judicata - First divorce petition filed by husband was dismissed as withdrawn when he was facing criminal trial - It is only after acquittal husband filed second divorce petition on subsequent event - Though there is a false statement in pleadings that first divorce..........
Civil Procedure Code, 1908, Section 24, Hindu Marriage Act, 1955, Section 9 -- Transfer of petition u/s 9 of Hindu Marriage Act filed by Husband at place `B' to place `S' - Petition filed by wife u/s 13 of Hindu Marriage Act, pending at place `S' - Petition pending before Family Court at place `B' is transferred to District Judge at place `S' - Application allowed...........
Civil Procedure Code, 1908, Order 21, Rule 35(3) -- Execution - Decree for possession - Suit property is identifiable - Warrant of possession for a decree for possession can only be executed through Bailiff of Court and not through Revenue Agency...........
Civil Procedure Code, 1908, Order 21, Rule 35(3) -- Execution - Decree for possession - Obstruction by JDs - JDs locked structure by denying access and obstructed delivery of possession - DH can seek execution of warrant by breaking open of locks through Bailiff of Court...........
