Civil Procedure Code, 1908, Section 92 -- Leave to file suit u/s 92 CPC - Plaint allegations and not allegations in the leave has to be considered - It is plaint allegation alone which need to be considered for the purpose of leave along with documents produced with the plaint...........
Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Late production of documents - Documents not filed alongwith written statement - Allowed to be filed after closure of evidence by defendant - Documents were certified copies of judgment and decree passed by Civil Court in previously instituted suit between the same parties which are per se admissible in evidence and same..........
Civil Procedure Code, 1908, Order 11, Rule 14 -- Production of documents - Court has power to order production of document in the possession or power of any party, at any time during the pendency of a suit, upon oath, which relates to any matter in question in such suit, as the Court thinks right and deal with the document as appears just...........
Civil Procedure Code, 1908, Order 13, Rule 3 -- Irrelevant or inadmissible documents - O.13.R.3 deals with rejection of irrelevant or inadmissible documents - Court can reject any document which it considers irrelevant or otherwise inadmissible, at any stage of the suit, duly recording the grounds of such rejection...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Delay of 129 days - Defendant is senior citizen aged over 66 years - He failed to take necessary steps in setting aside ex parte decree owing to old age and age related ailments - Court below ought to have been more liberal in its..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for specific performance - Non-reflection of plaintiffs acceptance of offer made by defendant in sale agreement cannot serve as ground for rejection of plaint, particularly when prima facie there was acceptance on part of plaintiff to maintain the suit - Moreover, whether there is acceptance of..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for specific performance - Whether as per S.19(b) of Specific Relief Act, property was purchased by defendant No.2 in good faith or not can be adjudicated upon only after appreciation of evidence and it is not proper for trial Court to reject plaint before that stage - Application dismissed...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Partition suit - Defendants pleaded that their father executed Will in favour of his second wife/mother of defendants bequeathing all his properties - Details of said Will not furnished by defendants - Plaintiff on the other hand brought to light a registered Relinquishment deed executed by defendants..........
Civil Procedure Code, 1908, Order 23, Rule 3(a) -- Compromise decree - Setting aside - Suit for setting aside compromise decree is to be filed before Court which passed compromise decree - However, where Court passing compromise decree is itself not competent to decide suit for setting aside compromise decree, then suit before same Court is not maintainable...........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Appointment of receiver - Recovery suit - Vehicle loan - Hypothecation of vehicle to bank - Default in payment of EMIs and other charges - Appointment of receiver in such circumstances is necessary - Impugned order of dismissing application U.O.40.R.1 CPC set aside - Directions issued...........
