Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Recall of PW1 for re-examination - Plaintiff case is that in order to prove that her vendor was in absolute possession of suit property and after the purchase by her she is in possession, certain additional documents are required to be marked - Application not filed to fill up lacuna in the plaint - Plaintiff..........
Civil Procedure Code, 1908, Section 151, Evidence Act, 1872, Section 112 -- DNA profiling - On ground of eminent need - Rejection of application - Child/plaintiff has achieved majority and wants to ascertain her paternity - If plaintiff is able to prove her case through DNA profiling, she should not be compelled to prove her case by other evidence, especially when..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 97, 101 -- Re-adjudication of rights of parties - Partition suit - Party to decree cannot maintain an obstructor's application U.21.Rr.97, 101 r/w S.151 CPC that too without taking up a contention as to accrual of a independent cause of action that would legally constitute a ground for obstruction to execution of..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 97, 101 -- Re-adjudication of rights of parties - Partition suit - Application for re-adjudication of rights sought by petitioner who is party to decree on the ground that property vested in a widow goes to her hands by divestation, as she contracted second marriage - However, no widow can be deprived of property..........
Civil Procedure Code, 1908, Section 151, Order 22, Rule 4, 9 -- Legal representatives - Substitution of L.R's without proposed legal representative being properly served and without affording them an opportunity of being heard - Impugned order set aside...........
Civil Procedure Code, 1908, Section 151, Order 22, Rule 3, 9 -- Death of one of plaintiffs - Substitution of LRs - Delay in taking LRs on record is undisputed - However, once the matter was brought to knowledge of petitioner, thereafter Presiding Officer was unavailable on three consecutive dates and on fourth date, application for substitution of LRs was moved - Even..........
Guardians and Wards Act, 1890, Section 25, Civil Procedure Code, 1908, Section 151 -- Custody of child granted to mother - Objection by parental grandparents of child - Father of child committed suicide and a criminal case registered against mother and maternal grandparents of child - Relations between parties are not cordial due to pendency of criminal proceedings -..........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Revenue suit proceedings for seeking possession instituted by plaintiff after delay of 53 years with clever drafting not seeking declaration and that would lead to inescapable conclusion that suit was clearly barred by limitation - Plaint rightly rejected...........
Civil Procedure Code, 1908, Section 151 -- Inherent powers of Court - Where there is express provision covering matter in question, there was no need to invoke jurisdiction u/s 151 CPC...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Sought to be produced at the stage when case was reserved for pronouncement of judgment - Suit pending for the last 12 years - No specific averments made in application as to why despite due diligence documents intended to be produced as additional evidence could not be filed at the time of leading evidence -..........
