Civil Procedure Code, 1908, Order 4, Rule 1, Civil Procedure Code, 1908, Order 6, 7 -- Date of institution of plaint - It is the date when plaint is presented with the requisite Court fee...........
Civil Procedure Code, 1908, Order 4, Rule 1, Civil Procedure Code, 1908, Order 6, 7 -- Date of institution of plaint - Suit filed on the last day of limitation - Plaintiff literally exposes himself to a risk of being thrown out if there was any defect as regards its institution, save for clerical or accidental omissions which could still not affect the plaint...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to incorporate an alternative relief of recovery of certain sums paid by plaintiff to defendant in a suit for specific performance - Defendant objected that since there was no reference at all in original plaint about payment of any sum, hence amendment ought not to be allowed -..........
Criminal Procedure Code, 1973, Section 482 -- Order of Permanent Lok Adalat - Challenge as to - When order is passed by Permanent Lok Adalat, only remedy available againstsaid award,is by way of filing of writ petition u/arts 226, 227 of Constitution - Petition u/s 482 Cr.P.C. is not maintainable. (Ambika Kumary Vs. State of Kerala, 2011(3) Civil Court Cases 066 (Kerala)..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - All the questions arising between the parties to the suit settled upto the highest Court - J.D. bent upon coercing D.H. for not obeying the order of Court - J.D. portrays that he intends to obey the decree of Court, but, in fact, is obeying the decree by defiance and wants to show himself as innocent saying..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Cannot be allowed except in three situations mentioned in O.41.R.21 CPC and any evidence given in Appellate Court not covered under said Rule shall not be read in evidence...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Can be allowed where documents were not available either at the stage of trial or during pendency of first appeal and said documents have a bearing on merits of case...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Can be permitted subject to such conditions and limitations as are prescribed in O.41.R.27 CPC - Mere ground that document can be produced at any time before the decision of appeal is not sufficient to allow additional evidence...........
Civil Procedure Code, 1908, Section 10 -- Stay of suit - Civil and criminal proceedings going on simultaneously - Civil suit can not be stayed during pendency of criminal case - Possibility of conflicting decisions in civil and criminal courts can not be a consideration for stay of the proceedings - No hard and fast rule as to which proceedings must be stayed...........
Civil Procedure Code, 1908, Order 6, Rule 18 -- Amendment of plaint allowed - Amendment carried out in the original plaint however amendment not carried out in duplicate copy of plaint - It is not be fatal, as this defect is curable and it can be cured within such time as fixed by Court by exercising powers U.O.6.R.18 CPC...........
