Civil Procedure Code, 1908, Section 151, Order 26, Rule 9 -- Appointment of Advocate Commissioner - Parties to prove as to who is in possession of suit property - Possession of parties cannot be decided by Advocate Commissioner, even though defendant has given no objection for an appointment of Advocate Commissioner to note down physical features of suit property - Nature..........
Civil Procedure Code, 1908, Section 151, Evidence Act, 1872, Section 137 -- Recall of plaintiff for cross examination - Defendant lacking in vigilance in conducting cross-examination of witnesses - However, default of defendant is not of such grave degree as to warrant action of depriving him of opportunity to cross-examine witnesses of other side - If defendant is denied..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of plaint - Amendment sought will enable a comprehensive adjudication - There will be no change in nature of suit - Evidence yet to begin and trial is at initial stage only - Amendment allowed...........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10 -- Impleadment of a party - Respondent who impleaded is not any private person who could introduce new defences, except those which were available to existing respondents - Moreover, addition of respondent is only extension of existing respondents to facilitate Court proceedings - No prejudice is caused by..........
Civil Procedure Code, 1908, Section 151 -- Permission to conduct repairs in the shop - Further proceedings in trial Court stayed by High Court - Granting permission to conduct repairs will lead to an alteration in the status quo of suit property - Prayer rightly declined by trial Court...........
Civil Procedure Code, 1908, Section 151, 152, 153, Order 23, Rule 1, 3 -- Proviso - Consent decree - Alteration/Modification of decree - Mistake - Consent decree cannot be modified/altered unless the mistake is a patent or obvious mistake...........
Civil Procedure Code, 1908, Section 151, 152, 153, Order 23, Rule 1, 3 -- Proviso - Consent decree - Alteration/Modification of decree - Court can entertain an application u/s 151 CPC for alterations/modification of consent decree if the same is vitiated by fraud, misrepresentation or misunderstanding...........
Civil Procedure Code, 1908, Section 151, 152, 153, Order 23, Rule 1, 3 -- Proviso - Consent decree - Alteration/Modification of decree - Court in exercise of its inherent powers may rectify the consent decree to ensure that it is free from clerical or arithmetical errors so as to bring it in conformity with the terms of the compromise...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 7 -- Appointment of Local Commissioner - Court cannot be used as a tool for collecting evidences, especially when plaintiff has failed to bring on record any title document as to how property in question was ancestral - Plaintiff cannot be allowed to fulfill the deficiency of his case by appointment of Commissioner so..........
Civil Procedure Code, 1908, Section 151 -- Reopening of evidence - Right of plaintiff to evidence came to be closed by trial Court earlier on two occasions - However, in interregnums, several applications for production of documents were also filed by either side - One more opportunity is thus, given to plaintiffs to exercise their right of evidence with cost of Rs.1000/-...........