Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Additional evidence in rebuttal - Where there are several issues and burden of proof of some of which lies upon defendant, plaintiff who is conscious of this lis and alive to matter in issue can adduce evidence in entirety vis-a-vis all issues including those onus of proof of which is upon defendant or having..........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10 -- Impleadment of sub-lessee/sub-tenant - Eviction suit - Sub-lessee/sub-tenant is neither a necessary nor a proper party in a suit for eviction - Application held, rightly rejected...........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 27 -- Additional evidence at appellate stage - Eviction petition - Bonafide requirement - Landlord has not pleaded that his son is working in Delhi and present premises is required by his son to open a new business or to expand - In these circumstances, it is necessary to grant opportunity to tenant to further..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 3A -- Examination of plaintiff as a witness after examination of some witnesses on his behalf - Application vague and cryptic - No plausible reason mentioned as to why plaintiff could not appear earlier and why application not filed at an earlier stage - Averments in application that plaintiff could not appear as a..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendants already filed written statement, as Court below set aside the ex parte decree - Issues have already framed - No interference warranted in impugned order of allowing application - Ex parte decree rightly set aside...........
Civil Procedure Code, 1908, Section 151 -- Additional documents - Hyper-technical approach need not be taken while considering whether or not to permit additional documents/pleadings concerning subsequent developments including facts of which knowledge was acquired subsequently...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte divorce decree - Setting aside - Condonation of delay - Notice sent by registered post and no notice was issued to be served personally - Action of Family Court in dispensing with personal service impliedly without passing any order justifying it, cannot be countenanced..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 4 -- Restoration of suit dismissed on failure to furnish correct/complete addresses of defendants - Order dismissing suit passed U.O.9.R.2 CPC - Application for restoration of suit is maintainable U.O.9.R.4 r/w S.151 CPC...........
Civil Procedure Code, 1908, Section 151 -- Eviction order - Stay of order of eviction - Vacation - Application seeking vacation of stay cannot be permitted because stay order already confirmed - However, application simultaneously seeking mesne profits which can be granted by Court since eviction was being protected by interim order - Tenant required to pay minimum rent..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff not in possession of suit property - In a suit for simplicitor for permanent injunction without any prayer for restoration of possession, plaintiff is not entitled for any relief by way of temporary injunction - Application rightly rejected...........
