Civil Procedure Code, 1908, Order 8, Rule 1A -- Late production of documents - Document in question is a public document, which is issued by a competent authority - Only reason shown by defendant is that document in question is with revenue authorities and there is delay in filing the same - However, said document is relevant and has a bearing on the issue in controversy -..........
Civil Procedure Code, 1908, Section 11 -- Constructive res judicata - Where an issue could have been raised in earlier proceedings but has not been raised, principle of constructive res judicata would be attracted to deny relief, as it is not the policy of law that multiple proceedings should be initiated in Court in relation to same cause of action...........
Civil Procedure Code, 1908, Section 100, 34 -- Second appeal - Issue of S.34 CPC with regards to determination and remittance of interest will not come into play in second appeal...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Issue of limitation is a mixed question of law and fact and where plaint discloses cause of action, it is only after framing of issues and parties after leading their evidence, issue in regard to suit being barred by limitation can be decided and plaint cannot be thrown out at..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Barred by limitation - Partition suit - Issue of limitation is a mixed question of law and facts and therefore, same is required to be considered after looking into the evidence that could be adduced by parties in a full dressed trial - Suit for primary relief of partition and separate possession..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - It is an issue i.e cause of action which is of prime consideration and not exclusively parties to suit or subject matter, which was under litigation in a prior proceeding...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Fresh accrual of cause of action on account of execution of subsequent sale deed - Bar of S.11 CPC would not be applicable, because issue would still be left open to be decided by Court about effect of earlier decree - Application u/s 11 CPC rightly dismissed...........
Civil Procedure Code, 1908, Order 14, Rule 2(2) -- Preliminary issue - Issue of law - Issue of law as mentioned in application does not contain issue relating to jurisdiction of Court or a bar to suit created by any law for time being in force - Contention that issue of law has to be decided first, not tenable...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Application dismissed only on the ground that same had been filed at the fag end of trial - Issue as to whether amendment in question ought to have been allowed keeping in view the facts which have emerged in the cross examination of respondent-landlord not touched upon - Impugned order set..........
Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Additional issue - Suit for declaration and possession - Defendant raising plea of adverse possession - Framing of additional issue with regard to adverse possession - Trial Court striking issue in that regard placing onus of proof upon defendant - Order upheld...........
