Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex parte divorce decree against husband - Setting aside - Service of summons - Merely on account of the fact that husband did not produce any oral evidence to support his application U.O.9.R.13 r/w S.151 CPC would not be the only ground to non-suit him, more so when facts of case are conspicuous to infer that..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 2A -- Status quo order - Disobedience - Petitioner failed to prove by leading any convincing evidence that construction was raised by respondents after passing of order of status quo - There is thus, no violation of status quo order - Application rightly dismissed...........
Civil Procedure Code, 1908, Section 151 -- Consolidation of suits - Cases are clubbed and consolidated in order to avoid multiplicity of recording evidence etc. as also adjudication in isolation of one lis which may have bearing on the other lis...........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 27 -- Additional evidence at appellate stage - Application U.O.41.R.27 CPC has to be considered along with main appeal at the time of adjudicating main appeal...........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 3, 4 -- Recording of evidence through video conferencing - Proclaimed offenders - Mere fact that respondents being declared as proclaimed offenders, appearance and examination through video conferencing would not bar criminal proceedings as per criminal law - Application rightly allowed...........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 3, 4 -- Recording of evidence through video conferencing - Respondent Nos.2 and 3 are residents of Canada - Respondent No.2 is presently in vegetative state and respondent No.3 being his son is to take care of his father - It is not practically possible for both of them to come physically in India for their..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - After closure of evidence of defendants - Once defendants claimed execution of receipt in written statement, onus to prove the same was on defendants - Plaintiff had every right to lead evidence in rebuttal as regards non-execution of receipt - However, since no right had been reserved nor was there any..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Documents proposed to be produced as additional evidence are only certified copy of sale deed and revenue record which are per se admissible - Application allowed...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Plaintiff had availed more than 30 opportunities to conclude evidence - Case was at the stage of arguments when application was moved - One opportunity to lead additional evidence is given to plaintiff subject to cost of Rs.1 lakh...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Additional evidence may be permitted where it is necessary for just decision of case, even if due diligence was not shown earlier, subject to compensating opposite party with appropriate costs...........
