Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - After completion of evidence of parties - Case of parties was known to other from beginning - Pleadings having been exchanged and evidence having been led, no second opportunity may easily arise to change the stand already taken - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 17, Rule 2 -- Explanation - Phrases `Any party' and `such party' - `Any party' refers to the party which has led evidence or substantial evidence and `such party' refers to that very party which has led evidence or substantial evidence - U.O.17.R.2 CPC Court would proceed to pass orders with respect to any of the parties being absent or..........
Civil Procedure Code, 1908, Order 17, Rule 2 -- Explanation - Defendant has not led any evidence at all - Explanation could not be invoked as against defendant...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 17, Rule 2 -- Ex parte decree - Setting aside - Suit was at the stage of plaintiffs evidence - Evidence of defendants had not even started - O.17.R.2 Explanation CPC could not be invoked by High Court and based upon it holding that an application U.O.9.R.13 CPC would not be maintainable, as..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of PWs for cross-examination - Laches on the part of defendants in attending the trial proceedings is on record - However, since the suit is contested unless there is evidence of both sides, dispute cannot be adjudicated on merits - If there are any laches on the part of parties, an endeavor can be made to dispose of..........
Civil Procedure Code, 1908, Order 16, Rule 1, Civil Procedure Code, 1908, Order 18, Rule 17 -- Summoning of witness - Certified copies of evidence of witness in other proceedings, which are relevant, sought to be confronted with the witness - Court ought to have given an opportunity to mark the same through said witness - Application allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment to take plea of adverse possession sought at the stage of arguments - There has not been any due diligence on the part of defendants - Defendants had even otherwise taken a specific stand in written statement that they are owners in possession of suit land on basis of an oral sale -..........
Registration Act, 1908, Section 17 -- Registration - Deed in question was executed for grant of an easement only and it was a gratuitous act - There is no transfer/ownership of property as is contemplated for sale and gift - Deed in question thus, not required registration and it is admissible in evidence...........
Civil Procedure Code, 1908, Order 17, Rule 1 -- Adjournment - U.O.17.R.1 CPC on a date of adjourned hearing, if a party was absent, Court either would act U.O.9 CPC or otherwise as it thought fit or if a party was present but it did not produce evidence, it would proceed to decide suit forthwith without benefit of evidence...........
Registration Act, 1908, Section 17 -- Registration - Relinquishment deed - Relinquishment deed requires to be registered otherwise it is not admissible in evidence...........
