Civil Procedure Code, 1908, Section 151, Hindu Marriage Act, 1955, Section 13 -- Divorce petition - Examination of husband through video conferencing - Husband is residing at Singapore - It is not possible for husband to travel to India for his examination, keeping in view of second surge of COVID-19 Pandemic - Stringent travel restrictions are in place - Both the parties..........
Civil Procedure Code, 1908, Section 151 -- Reopening of evidence - Summoning of third party - Eviction suit - Tenant sought reopening of his evidence and summoning of third party as his witness - There is an allegation that there has been default in payment of rent - It is for tenant to prove that even if there is a default, it is not willful - Tenant is to establish his..........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 14(4), Civil Procedure Code, 1908, Order 8, Rule 1A(4), Civil Procedure Code, 1908, Order 13, Rule 3(a), Civil Procedure Code, 1908, Order 18, Rule 17, Evidence Act, 1872, Section 137 -- Document not produced with pleadings - Production/showing of documents, for the first time, to witness in his cross examination -..........
Civil Procedure Code, 1908, Section 151 -- Execution - Restoration of petition dismissed in default - Application for restoration of Execution Case was earlier allowed by a speaking order and case was posted for appearance of non-applicants - However, application for restoration was again considered and rejected and there was also an observation made by execution Court..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 9, Limitation Act, 1963, Section 5, Order 43, Rule 1(c) -- Composite application U.O.9.R.9 & S.151 CPC and S.5 Limitation Act - Rejection of said application - Appellate Court held that order passed amount to an order passed U.O.43.R.1(c) CPC and appeal thereagainst is maintainable - There is no order on merits of the..........
Civil Procedure Code, 1908, Section 151 -- Clubbing of two suits - Two suits filed on different cause of action in respect of different properties - If subject matter of both the suits are different then clubbing of suits needs to be declined...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 4 -- Restoration of suit dismissed in default - Mere fact that suit was restored earlier on couple of occasions and suit remained pending for last 28 years, itself is no ground to reject restoration application, as application cannot be dismissed on past conduct of applicant - Application ought to have been exclusively..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Title of either of parties prima facie not clear - Parties to maintain status quo in the interest of justice and in the interest of peace and harmony...........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 10 -- Return of plaint - Lack of jurisdiction - Eviction suit - Lease of premises is for purpose of manufacturing unit and as such it is alleged that suit ought to be filed before Commercial Court - However, relationship between parties is of landlord and tenant - Purpose of lease in between parties does not fall u/s..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence when case was fixed for rebuttal evidence/final arguments - Additional evidence sought to be adduced by defendant is not required - Application for reopening of evidence rightly dismissed...........
