Civil Procedure Code, 1908, Section 151, Order 7, Rule 11 -- Rejection of plaint - Non-disclosure of cause of action - Contents of plaint does not disclose any cause of action whatsoever - Details as mentioned in the plaint were not sufficient for continuation of civil suit - Plaint rejected...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Release of electricity connection - Sought in a suit for mandatory injunction - Theft of electricity - Mere registration of FIR does not amount to any conclusive proof of theft - Electricity being a basic requirement, cannot be deprived to a consumer when allegations qua his being an..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Certified copies of documents, which form part of judicial record, sought to be produced by plaintiff - Relevancy and evidentiary value of documents shall be gone into by trial Court at the time of final arguments - Application allowed...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Sought at the stage of rebuttal evidence - Material piece of evidence having bearing on the case - Delay or lapse not a sufficient reason for disallowing the application - Application allowed subject to payment of Rs.30,000/- as costs...........
Civil Procedure Code, 1908, Section 151, Order 12, Rule 6 -- Judgment on admission - When there is specific provision for passing decree on admission U.O.12.R.6 CPC, on satisfaction of conditions provided under said provision, Family Court could not have invoked S.151 CPC...........
Civil Procedure Code, 1908, Section 151, Order 13, Rule 3 -- Admissibility of document - Unregistered and insufficiently stamped document - Liberty is granted to raise objection in the course of suit proceedings as to admissibility of document or otherwise of document for want of registration in terms of S.17(1) of Registration Act, if it is open or otherwise permissible -..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Change of counsel - Merely by change of counsel a litigant does not get any right to adduce further evidence for the reason that earlier counsel had not advised him to produce that evidence earlier...........
Civil Procedure Code, 1908, Section 151, Order 38, Rule 5 -- Attachment before judgment - Dismissal of application - A case is made out for an order of attachment U.O.38.R.5 CPC - Documents now placed before High court, were not produced before trial Court - Case remanded back for decision of application afresh and petitioners are at liberty to produce said documents..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Proceedings before trial Court are at fag end and plaintiff has already concluded her entire evidence while defence evidence is midstream - Defendants in main suit have already availed 10 opportunities and are also in the process of completion of their evidence - Even, proceedings under..........
Civil Procedure Code, 1908, Section 151, 152 -- Correction of sale deed executed pursuant to decree - Correction of Gut numbers - There was an error not only on the part of decree holder but also on the part of Executing Court - Court can issue necessary directions for correction of sale deed - Application allowed...........
