Civil Procedure Code, 1908, Order 11, Rule 5(4) -- Non production of document - Adverse inference - Mere fact that respondent failed to produce the required document does not take away his right to cross examination as the O.11.R.5 CPC nowhere provides that the cross examination should be taken away if there is non-compliance with the statute...........
Civil Procedure Code, 1908, Order 11, Rule 5(4) -- Non production of document - Adverse inference - Adverse inference being a presumption, can only be drawn at the time of trial qua the facts of each cases, as it would require evidence and appreciation of evidence, as to whether there is compliance, partial compliance or no compliance with order - The presumption of..........
Civil Procedure Code, 1908, Order 11, Rule 5(4) -- Non production of document - Adverse inference - The cross examination by the party cannot be foreclosed on the basis of direction to draw adverse inference...........
Civil Procedure Code, 1908, Order 11, Rule 5(4) -- Non production of document - Adverse inference - The presumption of adverse inference like all other presumptions, must avail the moment of judgment and not pre-empt the examination, which would be at the closure of proceedings i.e. trial...........
Civil Procedure Code, 1908, Order 16, Rule 14 -- Court witness - Defendant not appeared as his own witness - Summoning him as Court witness for cross examination - Plaintiff can request Court to draw adverse inference but is not entitled to compel an opposite party to subject himself for cross examination...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Service of summons - Non examination of process server by plaintiff - Adverse inference drawn against plaintiff qua the fact that summons were duly served upon the defendant...........
Civil Procedure Code, 1908, Order 17, Rule 3 -- Closure of evidence of defendant - Defendant was granted reasonable opportunity by trial Court so as to conclude his entire evidence - However, from past two years there were intermittent breaks in hearings before Courts which also contributed towards some delay at the hands of litigants on account of communication gap with..........
Civil Procedure Code, 1908, Order 11, Rule 14, 21 -- Production of documents - Non-compliance of order - Order does not come under the purview of O.11.R.21 CPC - It is adverse inference which can be drawn in proper cases but Court cannot substitute the exercise of jurisdiction U.O.11.R.21 CPC either to strike off the defence or to dismiss the suit...........
Civil Procedure Code, 1908, Order 21, Rule 11(2) -- Execution - Money decree - Arrest and detention of JD - Willful evading of payment by JD - DH contended that JD willfully and deliberately evading payment even though he is possessed of sufficient means to satisfy decree, as he is running a business - However, JD stated that said business is being run by his wife and not..........
Civil Procedure Code, 1908, Order 12, Rule 8 -- Notice U.O.12.R.8 CPC - Non-production of document as demanded in notice - Adverse inference cannot be drawn against a party called upon to produce a document, as U.O.12.R.8 CPC only a demand is made calling upon other side to produce certain documents - Relevancy of documents sought to be got produced is to be examined by..........
