Civil Procedure Code, 1908, Section 151 -- Additional evidence - Suit for declaration of ownership and joint possession - Defendants/petitioners sought permission to lead evidence qua unregistered Will in their favour alleged to be executed by deceased - There is no additional issue framed regarding Will - Numerous opportunities had been given to defendants to conclude..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant has trusted his counsel to manage the suit proceedings - However, he was not made aware of ex-parte decree by his previous counsel - It is only after the appointment of new counsel, defendant got to know about ex parte decree - Defendant acted bona fide and diligently -..........
Civil Procedure Code, 1908, Section 151, Order 13, Rule 3 -- Admissibility of document - Unregistered and unstamped agreement - No sale of property was effected by agreement in question - It is only a memorandum which states prior settlement between parties - Application rightly dismissed...........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 14(3), Evidence Act, 1872, Section 65A, 65B -- Production of documents - Telephonic recording - Recovery suit - Plaintiff wanted to submit the telephonic talk between his brother and defendant in which defendant admitted that he had taken Rs.5 lacs from plaintiff - However, brother of plaintiff is not a party to suit..........
Civil Procedure Code, 1908, Section 151 -- Restoration of appeal - Dismissal of appeal due to non-furnishing of requisite Court fees - Opportunity was given to make good Court fee, but same was not complied with - Even application for restoration of appeal was not accompanied with requisite Court fee - Order of restoration of appeal set aside...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Document sought to be filed at belated stage - Non mentioning of reasons for not filing application at the earlier point of time - Merely for this reasons application cannot be dismissed considering documents sought to be marked in evidence...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - If a document is sought to be filed at a belated stage is relevant and helps the Court in adjudication, such documents can be received in evidence...........
Civil Procedure Code, 1908, Section 151 -- Consolidation of suits - When Court trying the suits find it necessary to consolidate trial, there is inherent power u/s 151 CPC to consolidate the suits for trial...........
Civil Procedure Code, 1908, Section 151 -- Consolidation of suits - Parties in both the suits are same - Even the property in both the suits is same - Power to consolidate two suits lies with the domain and discretion of trial Court if it find it necessary to have a consolidated trial u/s 151 CPC - Consolidation of both the suits as directed by trial Court cannot be..........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 3, 3A -- Consent decree - Application u/s 151 CPC to set aside consent decree alleged to be the result of fraud - If compromise decree was tainted by fraud, misrepresentation or mistake then Court under its inherent powers u/s 151 CPC may rectify the decree for alterations/modification of the consent decree...........
