Civil Procedure Code, 1908, Section 100 -- Second appeal - Filed by subsequent purchasers - Partition suit - Appellants filed second appeal before High Court and they were not parties before Courts below, but have interest in subject matter - Application for additional evidence also filed along with appeal - Substantial questions were framed - However, substantial..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - No plausible reason has been given as to why the evidence which is now sought to be produced, could not be produced during pendency of the suit or before the first appellate Court - Hence, no ground to grant permission to lead additional evidence - Application dismissed...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Defendant in cross examination in another suit admitted of knowledge of proceedings of the present suit - However, in cross examination there was no specific suggestion that he had been proceeded ex parte in the present proceedings and that he was aware of having been proceeded ex parte -..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Refusal to accept summons and conducting of Munadi thereafter - However, process server or the person who conducted the alleged Munadi not examined - Assumption of trial Court that defendant had the knowledge of suit cannot be sustained in the eyes of law...........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Summary suit for recovery - Suit U.O.37 CPC for recovery of a debt or liquidated demand in money would lie on a written contract...........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Summary suit for recovery - Denial of - Reasoning given by Court below that ex facie suit claims relief which are beyond O.37 CPC does not prima facie seem to be a correct finding - Question as to whether in the suit plaintiff is claiming relief beyond O.37 CPC would be a defence which defendant may take in its leave to..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of plaint - Suit for specific performance - Amendment sought to add relief of setting aside of alleged cancellation notice - Nature of suit is not altered in any way - Amendment rightly allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Delay in seeking amendment or stage of suit not the sole determining factors for consideration of application for amendment of pleading...........
Civil Procedure Code, 1908, Order 39, Rule 6 -- Sale of vehicle seized by Bank - Non-payment of loan - Recovery suit - Application U.O.39.R.6 CPC, ought to have been decided by Trial Court at the time of final order in suit itself - Moreover, to keep application pending while suit itself is decreed, is completely irrational - Vehicle has a limited life value which..........
Civil Procedure Code, 1908, Order 37, Rule 3 - - Recovery suit - Leave to defend - Delay - Condonation of delay - Separate application to condone delay not absolutely necessary - Once some reasoning is given in the application seeking leave to defend suit, Court is required to go into grounds of delay, consider them and then pass a reasoned order accepting or rejecting..........
