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SUPREME COURT OF INDIA

Year of decision: 2020
Details

Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Late production of documents - Leave of Court - Such documents not filed alongwith written statement as these documents were missing and traced at a later stage - These documents necessary for arriving at a just decision in the suit - Court ought to grant leave to produce these documents...........

MADRAS HIGH COURT

Year of decision: 2020
Details

Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - De novo trial - Suit for permanent injunction and mandatory injunction - Plaintiffs and defendant no.1 claim tenancy under defendant no.2 - However, defendant no.2 remained ex parte - Production of documents available with defendant no.2 regarding leasehold right will have much assistance to Court for an effective..........

MADRAS HIGH COURT

Year of decision: 2020
Details

Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Subsequent event - Documents executed during pendency of suit - Plaintiff has to be given an opportunity to amend plaint regarding subsequent documents - Validity of deeds depend on the result of original suit - Amendment will not alter the nature of suit and amendment will not cause prejudice to..........

PATNA HIGH COURT

Year of decision: 2020
Details

Civil Procedure Code, 1908, Order 39, Rule 4 -- Status quo order - Vacation of - Partition suit - Plaintiffs have failed to prove prima facie case of jointness - Whereas, defendants have brought several documents which are indicative of partition between three brothers - There is nothing joint between plaintiff and defendants - Status quo order vacated...........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2020
Details

Civil Procedure Code, 1908, Order 18, Rule 17, 17A -- Production of evidence - Lease agreement in between defendants for erecting TVS Towers/Cellular Towers - Suit for declaration that mutual agreements/lease deeds executed in between defendants are null and void and seeking further relief from changing the nature and character of suit land - Plaintiffs immediately after..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2020
Details

Civil Procedure Code, 1908, Order 13, Rule 3 -- Admissibility of documents - Documents admitted in evidence without objection - Objection that documents are irrelevant and inadmissible raised at the stage when case was posted for arguments - Court can exercise its discretion U.O.13.R.3 CPC at any stage of the suit to reject any document which it considers irrelevant or..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2020
Details

Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of documents - Certified copies of documents sought to be produced by plaintiff without wishing to lead any further oral evidence in support thereof - No harm would be done to defendants, as it would not delay suit any further for want of witnesses coming forward to testify in support of those documents -..........

RAJASTHAN HIGH COURT

Year of decision: 2020
Details

Evidence Act, 1872, Section 65 -- Secondary evidence - Documents sought to be produced by defendant pertained to transaction of brokerage between parties - However, relationship between plaintiff and defendant pertaining to brokerage is admitted in view of averments made in plaint - Documents were not relevant for controversy/subject matter of suit - Application rightly..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2019
Details

Transfer of Property Act, 1882, Section 53A -- Part performance - Defendant claiming her right on property on basis of oral sale acknowledged through written documents and receipts signed by father of plaintiff in her favour and thereafter putting her in possession of suit property - Claim of defendant is also substantiated from revenue entries wherein her name is recorded..........

RAJASTHAN HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 8, Rule 1A -- Production of documents - Certified copies of documents of earlier proceedings sought to be produced which are plaint, written statement and corresponding orders passed by Court in earlier proceedings - Suit is for recovery of possession after serving a notice u/s 106 of T.P Act - Nothing more is required to be gone into..........

Showing : 1-10 of 359 Results