Civil Procedure Code, 1908, Order 11, Rule 14 -- Production of document - Requirements for applying provision of O.11.R.14 CPC are two fold: (i) Order can be passed under said provision at any time during pendency of suit; (ii) production can be ordered by any party to suit upon oath of such documents in his possession or power i.e document ordered should be in possession..........
Civil Procedure Code, 1908, Order 37 -- Summary suit for recovery - Dishonour of cheque - Allotment of plot - No liability admitted on the part of defendants which would entitle plaintiff to institute a suit U.O.37 CPC - Cheque issued by defendant could be treated at the best, as part payment towards repurchase of nine flats from plaintiff - Remedy of plaintiff does not..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought with reference to boundaries of property - Prima facie issue for consideration in suit is whether suit property is a joint family property and whether claim of plaintiffs that suit property has fallen to their share is valid - It is not a case of boundary dispute - It cannot be said that..........
Civil Procedure Code, 1908, Order 7, Rule 17 -- Production of document - Plaintiff failed to fulfill the requirement of provisions of O.7.R.17 CPC - Production of original document is an essential compliance for succeeding in a suit for recovery - Having failed to produce the same, plaintiff not able to discharge the onus u/s 101 of Evidence Act - Suit rightly dismissed...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Partition suit - Property in question jointly inherited by plaintiff and defendants Nos.1 to 15 and 17 to 21 from their paternal uncle - Status of plaintiff and said defendants was as co-owners of suit property as Class-II legal heirs - Defendant No.1 failed to prove that he is exclusive owner of suit property on..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Plea of execution of Will in written statement - Amendment of plaint sought to add relief for declaring said Will to be null and void - No material on record that plaintiff had knowledge of said Will at the time of institution of suit - Amendment allowed to avoid multiplicity of suits...........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 97 -- Execution - Eviction - Plea of ownership - Suit already pending with regard to legal status wherein decree holder also impleaded as a party - Said suit shall take its own course - Moreover, it is surprising that in execution proceedings relating to eviction decree, how could the petitioner be declared to be..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement to seek alternative plea of adverse possession - Suit for possession and permanent injunction - Destructive plea of adverse possession by way of amendment can be taken - No doubt, objection can be taken by plaintiff at first instance, but still cannot be said to be too late in a day when..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Substitution of L.R's - Suit against a dead person - There is no suit if there is no defendant in existence - Suit is nullity against such a defendant - There is no question of substitution of his legal heirs...........
Civil Procedure Code, 1908, Order 22, Rule 4, Civil Procedure Code, 1908, Order 1, Rule 10 -- Suit against a dead person - Substitution of L.R's by considering application for substitution as one U.O.1.R.10 CPC - Cannot be allowed when there is no cause of action or when he is neither necessary nor a proper party and whose presence is not necessary for adjudication of..........
