Civil Procedure Code, 1908, Section 151, Order 8, Rule 1 -- Production of documents - Suit for specific performance - Permission sought to produce on record copy of drawing of proposed house and average value thereof and to adduce additional evidence in support thereof - Failure to satisfy Court as to - (i) How site plan of the building and value thereof were necessary for..........
Civil Procedure Code, 1908, Order 18, Rule 1, 2 -- Right to begin - Partition suit - Plea of defendant of previous partition - Burden is on defendants to prove previous partition - Only when defendants lead some evidence in proof of previous partition, plaintiff would be obliged to lead evidence in rebuttal - Application of plaintiff for a direction to defendant to begin..........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Restoration of suit dismissed against Defendant No.1 for non filing of process fee - Delay of 15 years - In such like matters, application should not be dismissed on the ground of limitation and Court to take a lenient view - Application allowed so as to give finality to the litigation because defendant No.1 may not move an..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Parties to earlier suit for declaration and subsequent suit for possession same - Subject matter and relief claimed in both the suits entirely different - Even matter in issue directly and substantially in both the suits is not same - Provision of S.10 CPC not applicable to suits filed by parties -..........
Civil Procedure Code, 1908, Order 22, Rule 10 -- O.22.R.10 - CPC is an enabling provision and has to be construed liberally...........
Civil Procedure Code, 1908, Order 22, Rule 10 -- Substitution of a party - Court power is discretionary - Rule is that on prima facie satisfaction Court should allow the application - Court cannot get into merits of the application and adjudicate finally at this stage thereby foreclosing the opportunity of interested party from asserting its rights which it could have done..........
Trade Marks Act, 1999, Section 134, 135, Copyright Act, 1957, Section 55, 62, Civil Procedure Code, 1908, Section 19, 20, 151, Order 7, Rule 10, 11(a), (b) -- Composite suit restraining infringement of trade mark, copyright and rendition of accounts - Jurisdiction - Suit filed in a Court at place `A' - Held, once composite suit restraining infringement of trade mark,..........
Trade Marks Act, 1999, Section 134, 135, Copyright Act, 1957, Section 55, 62, Civil Procedure Code, 1908, Section 19, 20, 151, Order 7, Rule 10, 11(a), (b) -- Composite suit restraining infringement of trade mark, copyright and rendition of accounts - Jurisdiction - Suit filed in a Court at place `A' - Documents annexed with plaint and averments made in plaint prima facie..........
Civil Procedure Code, 1908, Section 148, State Financial Corporation Act, 1951, Section 29 -- Auction sale - Non-deposit of balance amount - Extension of time - Request declined - One week's time granted to next highest bidder to make the balance payment - Appellant was present in Court with the Demand Draft when order of rejection of extension of time was passed - No..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - To examine document writer - No reason to deny opportunity to examine said witness merely because plaintiff had earlier stated in his cross examination that he does not intend to examine said witness...........
