Civil Procedure Code, 1908, Order 13, Rule 4 -- Admissibility of documents - Suit for declaration, confirmation of possession and for permanent prohibitory injunction - Defendants not even raise a little finger when sale deeds in favour of plaintiffs and prior owners being exhibited - No objection was raised by defendants while certified copies of sale deeds were being..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Documents sought to be produced by way of additional evidence i.e notification issued under Land Acquisition Act, were relevant and also necessary for deciding rights of parties involved in suit - These documents did not require any proof being public documents in nature - Moreover,..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Defendant has taken a definite stand that promissory note on the basis of which suit has been filed by plaintiff was not executed by him and same was forged and fabricated - Defence sought to be raised clearly shows triable issues in the case and defendant has good defence -..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - At the time of registration of suit Court has no power to venture into merits of the matter or possible disputed issues...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Prayer claiming larger extent than could be claimed as per suit agreement - This is not an issue which could have been gone into by trial Court at the time of registration of plaint - Trial Court had no power to determine as to the extent of relief that could be claimed at the very threshold and requiring..........
Civil Procedure Code, 1908, Order 13, Rule 10 -- Summoning of record of criminal case - Categorical observation of Court below while allowing application that documents in question were not in control of plaintiff and therefore, concerned Court required the said documents for appropriate adjudication of suit, seems to be well justified - No interference warranted in..........
Civil Procedure Code, 1908, Section 11 -- Plea of res judicata - At the appellate stage - Issue as to res judicata was not struck between parties and both the parties argued the matter based upon pleadings and judgment contained in two suits - It is only after full arguments on both sides that trial Court accepted respondent's plea of res judicata - Even before appellate..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Subsequent suit raises an issue which is different from that contained in earlier suit filed by same party - More so, earlier suit declared valid a transaction which is prohibited by law - Such erroneous earlier judgment cannot operate as res judicata...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment of boundaries - This shows that plaintiff was not aware of the boundaries over which he seek to declare his right at the time of filing suit - Plaintiff is required to be definite of his case in every aspect - Order declining amendment, calls for no interference...........
Civil Procedure Code, 1908, Order 11, Rule 14 -- Summoning of record - When a document is summoned, Court can immediately proceed with suit after dealing with it - Summoning of it would not mean that Court had relied upon it or had admitted it as evidence...........
