Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Eviction suit - Tenant sought to produce some additional evidence - However, suit was contested by tenant for about 16 years - No averment in application that why alleged additional evidence is necessary to decide real controversy involved in the revision - Application filed on mere..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 5(1) -- Restoration of suit dismissed in default - Court has inherent power to restore suit dismissed in default U.O.9.R.5(1) CPC...........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Abatement of writ petition - Death of defendant No.3/petitioner - Defendant No.3 was impleaded in the suit not in his personal capacity, but on account of claim of alleged right of management of trust property - Consequently, on death of defendant No.3, his heirs and LRs are not required to be brought on record nor writ..........
Civil Procedure Code, 1908, Order 22, Rule 4, 9, Limitation Act, 1963, Section 5 -- Abatement of suit - Delay in bringing on record LRs of deceased defendant - Condonation of delay - In deciding application for setting aside abatement of suit and condonation of delay in taking steps for substitution of LRs, a liberal approach should be taken so that substantial justice may..........
Civil Procedure Code, 1908, Order 22, Rule 4, 9, Limitation Act, 1963, Section 5 -- Abatement of suit - Delay in bringing on record LRs of deceased defendant - Condonation of delay - Neither plaintiff was aware of fact that defendant had expired on Sep. 2013 nor had he committed any intentional delay in filing application after Oct. 2015 - LRs of deceased defendant were..........
Civil Procedure Code, 1908, Section 11, Order 2, Rule 2 -- Bar to subsequent suit - Agreement to Sell - Suit for specific performance - Since agreement to sell was admitted and delivery of possession was also willingly given, therefore the suit for permanent injunction was not available at that point of time especially in view of the fact that the trial court has taken..........
Civil Procedure Code, 1908, Order 17, Rule 1 -- Adjournments - Provision of O.17.R.1 CPC are not mandatory in nature, yet suit having been adjourned thrice, for any further adjournment not only a sufficient cause as envisaged U.O.17.R.1 CPC, but a justifiable cause must co-exist...........
Civil Procedure Code, 1908, Order 17, Rule 3 -- Dismissal of suit on account of plaintiff failed to adduced any evidence - Plaintiff was granted as many as eight effective opportunities including last opportunity and even subject to costs - However, plaintiff failed to lead any documentary or oral evidence in support of his claim - Plaintiff was guilty of deliberate and..........
Indian Penal Code, 1860, Section 420, 468, 471, 323, 506, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Cheating - Prima facie neither any offence of cheating nor preparation of any forged documents is disclosed against accused - Predominately, dispute between parties appears to be civil nature which is being adjudicated in civil suit filed by..........
Civil Procedure Code, 1908, Order 22, Rule 10, Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of assignee - Original plaintiff assigned his rights and interest in land in favour of assignee - Assignee thus, had a vital interest in the suit and had a right to continue suit - Issue whether original plaintiff had authorized respondent No.3 to sell land and..........
