Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Non service of summons - Correction of entries in Jamabandi - Plaintiff had created false evidence in order to strengthen his claim of ownership and obtained decree in is favour - Gram Panchayat not impleaded as party though defendant against whom decree was obtained was recorded as tenant of..........
Civil Procedure Code, 1908, Order 17, Rule 3 -- Two witnesses examined - Evidence of plaintiff closed by order - Three days thereafter permission sought by plaintiff to appear as its own witness - Application dismissed - Order set aside on payment of Rs.1, 000/- as costs...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Electricity - Disconnection - Temporary injunction - Body seal and terminal of meter found to be tampered - Misuse of energy alleged - Consumption of power showing consistent use both during the pre and post period of dispute - Strong prima facie case in favour of plaintiff - Use of electricity is not a luxury but a dire..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Evidence of defendant closed - Amendment sought to incorporate facts as to previous suit and filling of writ petition - Factum of previous suit and writ petition very well in the knowledge of defendants - Failed to raise plea at relevant time - Not open to defendants to raise plea after..........
Consumer Protection Act, 1986, Section 2(1),(b), Evidence Act, 1872, Section 118, Civil Procedure Code, 1908 -- Order 3 Rules 1 and 2 - Complainant - Power of attorney - Deposition as witness - There is no express bar under the provisions of CPC for examination of the Power of Attorney as a witness on behalf of the party to the proceedings - Power of Attorney is a..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Plaintiff cannot as a matter of right lead evidence in rebuttal on issues, the onus of proof which is on them...........
Civil Procedure Code, 1908, Section 96, 105(1), Order 37, Rule 3(5) -- Summary suit - Leave to defend - Refusal - Decree passed could either be under O.37.R.3(6) or it could be based on affirmative evidence and the documents produced or even based on oral evidence - In case appellate Court set asides the order and gives defendant leave to defend then decree that is passed..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 5 -- Additional Evidence - Application for permission to prove compromise between the parties effected during pendency of suit - Defendant appeared as witness - Not stating anything about compromise - Compromise affected prior to examination of defendant - No right to prove compromise by way of additional evidence -..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Payment of proper Court fee - Issue already framed regarding Court fee and the same was to be decided along with other issues on the basis of evidence led by parties - Dismissal of application - Order upheld...........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal of rebuttal evidence - Plaintiff examined expert to compare thumb impression on statement - Defendant examined expert to compare some thumb expressions - Plaintiff in rebuttal permitted by the High Court to examine expert with regard to thumb expression on one sale deed - Application by defendant to examine second..........
