Civil Procedure Code, 1908, Section 100, Order 41, Rule 5(3) -- Second appeal - Stay of execution of decree - Formulation of substantial question of law is an imperative to proceed with the appeal - Court cannot proceed unless condition precedent is satisfied - Solely because Court has jurisdiction to pass an ex parte order, it does not empower it not to formulate the..........
Evidence Act, 1872, Section 45, Civil Procedure Code, 1908, Section 151, Order 8, Rule 1(3), Civil Procedure Code, 1908, Order 16, Rule 1 -- Expert opinion - Private expert - Any report obtained by a party privately and directly and behind the back of one of the parties and without intervention of Court and without orders from a Court cannot be permitted to be received on..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Expression `otherwise' in O.12.R.6 CPC is very much significant as jurisdiction of Court to pass a decree on admission is not restricted only to admission made by defendant in his pleading - Provision contained in O.12.R.6 CPC, is thus more comprehensive than provision contained in O.12.R.1 CPC...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Passing of decree on admission by Court is not mandatory as Court in suitable circumstances may refuse to pass a decree on admission when admission is not clear and unambiguous or where admission was otherwise explained away by party making such admission...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Defendant failed to explain away its admission about its liability to refund the advance money to plaintiff - Even no issue is raised by defendant in the suit - Decree on admission rightly passed by trial Court...........
Civil Procedure Code, 1908, Order 6, Rule 10, Hindu Marriage Act, 1955, Section 27 -- Disposal of Stridhana - Return of plaint - Want of jurisdiction - Application filed by i, laws stating their intention to return stridhana articles of their daughter-in-law - U/S 27 of 1955, Act matrimonial Courts has jurisdiction to decide the dispute regarding matrimonial property -..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - High Court to deal with question of limitation first - Order of High Court, to proceed with appeal, without condoning delay set aside...........
Civil Procedure Code, 1908, Section 151 -- Recall of an order - Order closing right to file objections - Order neither appealable nor revisable - Review against such order also does not lie as scope of review is limited - Invocation of powers u/s 151 CPC for recalling such order held, proper...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of PWs for further cross-examination qua pleas of fraud and misrepresentation raised in the amended written statement - In absence of witnesses confronted with the allegations raised in the written statement, it may cause serious prejudice to him at the time of final disposal of suit - Application allowed - Cross..........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Exhibiting a document - Admissibility of document and fabrication of document - Admissibility of document is always subject to proof by exhibiting the document - It is to be elicited in the cross examination any aspect which will militate against genuineness of document - Court was unjustified in declining defendants the..........
