Civil Procedure Code, 1908, Order 13, Rule 1, 3 -- Permission to file certain documents - Does not mean that same are admissible in evidence - Admissibility of documents will be adjudicated at an appropriate stage - Filing of documents is one thing and admissibility of documents is another - Moreover, Court may at any stage of the suit reject any document, which it..........
Civil Procedure Code, 1908, Section 100, Order 2, Rule 2 -- Bar of subsequent suit - Second appeal - Subsequent suit filed in respect of same property as was in the earlier suit - Both the parties are also same - Even reliefs claimed in both the suits were in respect of same property - Second suit is barred U.O.2.R.2 CPC - Findings of Courts below are concurrent and well..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Suit for permanent prohibitory injunction - Interference in peaceful possession of plaintiff - No boundary dispute between parties - Report of Local Commissioner could be helpful only if there was boundary dispute - More so, plaintiff was in settled possession of suit property - Application rightly..........
Civil Procedure Code, 1908, Order 4, Rule 1, Civil Procedure Code, 1908, Order 6, 7 -- Date of institution of plaint - Suit filed on the last day of limitation with insufficient court fee by 1/3rd of what was required - Cannot be taken as a due institution to save the suit from the bar of limitation when no explanation at all had been given for non payment of court fee...........
Civil Procedure Code, 1908, Order 4, Rule 1, Civil Procedure Code, 1908, Order 6, 7 -- Date of institution of plaint - Suit filed on the last day of limitation - Plaintiff literally exposes himself to a risk of being thrown out if there was any defect as regards its institution, save for clerical or accidental omissions which could still not affect the plaint...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to incorporate an alternative relief of recovery of certain sums paid by plaintiff to defendant in a suit for specific performance - Defendant objected that since there was no reference at all in original plaint about payment of any sum, hence amendment ought not to be allowed -..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - All the questions arising between the parties to the suit settled upto the highest Court - J.D. bent upon coercing D.H. for not obeying the order of Court - J.D. portrays that he intends to obey the decree of Court, but, in fact, is obeying the decree by defiance and wants to show himself as innocent saying..........
Civil Procedure Code, 1908, Section 10 -- Stay of suit - Civil and criminal proceedings going on simultaneously - Civil suit can not be stayed during pendency of criminal case - Possibility of conflicting decisions in civil and criminal courts can not be a consideration for stay of the proceedings - No hard and fast rule as to which proceedings must be stayed...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Respondents No.1 & 2 were minors at the time of filing of suit - Natural guardian of respondents was not acting in consonance with the interest of minors - No steps were taken by Court to issue notice to get the minors to be represented through next friend or by appointing Court guardian -..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Limitation - Respondents Nos. 1 & 2 were minor at the time of filing of suit and they sought setting aside of ex parte decree on attaining age of majority - Issue of limitation irrespective of the onus, had to be settled in favour of respondents - Ex parte decree rightly set aside...........
