Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of documents - Sought at initial stage when trial yet to begin - Documents sought to be produced are alleged to be that of defendants themselves having obtained through RTI - No reason as to why plaintiff be not allowed to file them - Application allowed...........
Civil Procedure Code, 1908, Order 17, Rule 1 -- Adjournment - It is to be granted by Court on basis of facts and circumstances of each and every case as well as sufficiency of reasons cited and not depending on number of times adjournments already granted...........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Divorce proceedings - Husband was suffering from spinal cord dysfunction - Fact that he was under treatment is not disputed - Trial Court failed to consider that ground shown for absence of husband was sufficient, however, rejected the petition for setting aside ex parte order on the ground..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Ex parte decree - Setting aside - Publication of notice in a newspaper other than the one in which citation had to be published - Newspaper in which citation was published was published in Agra and had circulation in Agra - Merely on this ground ex parte divorce decree cannot be..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree - Wife got her dues and not cooperating - Impugned order setting aside ex parte decree set aside...........
Criminal Procedure Code, 1973, Section 190, 482 -- Dispute essentially civil in nature which is given cloak of criminal offence - Order taking cognizance and issuance of process quashed...........
Civil Procedure Code, 1908, Order 1, Rule 8 -- Representative suit - Leave to sue - Leave can be granted even after suit is taken on file by numbering the suit...........
Civil Procedure Code, 1908, Order 1, Rule 8 -- Representative suit - Leave to sue - Before grant of leave, ex parte interim injunction granted and Local Commissioner appointed - Enquiry in the suit can only be taken up after leave is granted - Order granting ex parte injunction and appointment of advocate commissioner set aside being erroneously passed before grant of..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Of a fact having no foundation in the plaint and permission to plead that fact also not granted and that order becoming final - Moreover, additional evidence is sought to be lead after recording of entire evidence is over and even arguments are over - Order allowing application set aside...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of limitation - Issue of limitation is a mixed question of law and fact - Same can only be decided after framing issue raised in this regard during course of trial - Plaint cannot be rejected on the ground that plaint is barred by limitation...........
