Civil Procedure Code, 1908, Section 151 -- Correction of appellate decree - Clerical mistake - Mistake in the decree corrected vide impugned order is a clerical mistake - There is no imposing a new or additional liability on the petitioner by correction in the decree - Decree is drawn in terms of judgment, operative part - Appeal of appellant was dismissed with costs, so..........
Civil Procedure Code, 1908, Section 151, Order 13, Rule 10 -- Production of records in the custody of police - Alleged statements not available as per reply of DSP - In the absence of any material that documents are available and despite same, they are not furnished to petitioner, Court will not direct Deputy Superintendent of Police to send for documents and to give..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Recall of expert witness - Merely for explaining medical terminologies, witness cannot be recalled...........
Civil Procedure Code, 1908, Section 151, Order 8, Rule 1A, 4 -- Late production of documents - Documents sought to be produced contrary to pleadings - Documents sought to be filed not filed alongwith written statement and failure to satisfactorily account for not pleading them or filing them as required under law - Allowing said documents on record would certainly cause..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Suit for cancellation of sale deed - Mere ground or averment in the plaint that executant of a registered document was not of stable mind, cannot be a ground for cancellation of a duly registered document - No prima facie case and balance of convenience is in favour of plaintiff -..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Documents in question were in the knowledge of petitioner and have also been mentioned in the plaint - Therefore, contention of petitioner that documents were not tendered due to inadvertent mistake of his counsel rejected - It is only at the stage of rebuttal evidence and arguments that petitioner had filed..........
Civil Procedure Code, 1908, Section 151, Order 16, Rule 1(2) -- Summoning of Tehsildar - Partition suit - Tehsildar cannot be summoned to Court to lead evidence merely on the ground to find out the discrepancy that seems to be in the areas of land purchased by parties in the agreement of sale and the area that was got mutated in the name of parties in the revenue records -..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex parte decree - Setting aside - Counsel engaged did not appear - No reasonable cause as to why applicant could not be present on the date when Court directed to proceed ex parte was shown/pleaded by applicant - Dismissal of application calls for no interference...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex parte decree - Setting aside - Plea that counsel did not inform applicant of further proceedings - No absolute rule that a party can disown its Advocate at any time and seek relief - No such absolute immunity can be recognized - Such an absolute rule would make the working of system extremely difficult - Order..........
Civil Procedure Code, 1908, Section 151 -- Recall of PW2 for cross examination - There was no representation on behalf of defendant as such his right to cross examine PW2 was forfeited - Defendant was suffering from ill health - Medical documents show that defendant was suffering with prostatomegaly and umbilical hernia - Application allowed...........
