Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Recovery of unsecured loan - Plaintiff filed suit on the basis of promissory notes as well as dishonoured cheques admittedly issued by defendant - Defence set up by defendant stands rejected - Admittedly defendant had received an amount of Rs.2.2 crores from plaintiff and failed to establish that said amount..........
Civil Procedure Code, 1908, Section 115 -- Revision - Maintainability - Order dismissing petition filed for marking Xerox copy of Will - Revision against said order is not maintainable as order cannot be said to be one which would have resulted in final disposal of suit - Revision dismissed...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Admittedly, document reveals that document was of the period prior to filing of the suit - No reason offered by plaintiff for not producing the same during the course of trial - Even, no reference of said document has been made either in plaint or in evidence - Moreover, said document..........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Late production of documents - Evidence of parties was completed - Suit is coming up for arguments - Leave to a party to file documents before commencement of arguments cannot be granted particularly when there is no justifiable reason for accepting those documents - Application rejected...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction suit - Amendment sought based on subsequent event when plaintiff refused to accept the amount sent by defendant and denied the relationship of landlord and tenant between parties - Said amendment clearly appears to be an attempt to create evidence during pendency of suit so as to..........
Civil Procedure Code, 1908, Order 7, Rule 10, 11, Arbitration and Conciliation Act, 1996, Section 8 -- Return/rejection of plaint - Existence of arbitration agreement - Court below returned the plaint on the ground of existence of arbitration agreement ignoring the fact that defendant no.2 has no binding agreement with plaintiffs containing arbitration clause enforceable..........
Civil Procedure Code, 1908, Section 11 -- Constructive res judicata - Earlier suit filed on the basis of award and its consequential enforcement was dismissed for defect in the jurisdiction of Court - Rights of plaintiff in subsequent suit for partition and recovery of properties filed on the basis of title and share in ancestral and common properties of firm did not get..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment - Necessary party - Partition suit - Sisters of appellant being legal heirs are proper and necessary parties for adjudication of suit - There is no bar to implead them even at the stage of final decree proceedings - Application allowed...........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Necessary party - Partition suit - All heirs in partition suit are entitled for share in suit property including daughters, irrespective of their marital status and any suit without impleading all legal heirs, is liable to be dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - Absence of cause of action and non disclosure of cause of action - There is distinction between the two - Difference lies in the manner in which the correctness or otherwise of the two pleas is to be ascertained - Averment that there is no cause of action to file suit has to be tested for its..........
