Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Claim in suit based on an agreement executed through power of attorney holder - Court is not debarred from looking into power of attorney - It is open to Court to read terms of Power of Attorney alongwith plaint in the same manner as documents appended to the plaint, which form part of the plaint...........
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...........
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..........
Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Production of documents - Leave of Court - Suit migrated to commercial Court - Filing of written statements as well as disclosure and discovery were all completed before suit migrated to a commercial suit, defendant would be governed by un-amended provisions of CPC i.e O.8.R.1-A(3) CPC and defendant has only to obtain..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Restraining defendants from interfering with peaceful possession of plaintiff - Plaintiff proved that she was in lawful possession of suit property by producing tax paid receipt and other panchayat documents - Moreover, concurrent findings of two Courts below that plaintiff was in possession - Suit rightly..........
Hindu Marriage Act, 1955, Section 16 -- Paternity of children - Suit for declaration and permanent injunction - Documents on record specifically birth certificates establish the fact that plaintiffs are sons of deceased - Defendants on the other hand have not produced any evidence to show that these documents are forged, fabricated or procured documents - Evidence on..........
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..........
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...........
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..........
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..........
