Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Plaintiff by way of amendment challenged the judgment and decree as well as mutation - Said judgment and decree and mutation were within his knowledge, rather factum of same finds mentioned in plaint itself - Amendment would change nature of suit and would amount to a de novo trial as even though..........
Civil Procedure Code, 1908, Order 9, Rule 6 -- Defendant proceeded ex parte - He cannot produce evidence in defence - Limited right of such defendant is confined to cross examine plaintiff's witnesses...........
Civil Procedure Code, 1908, Order 26, Rule 10A -- Report of second Court Commissioner - Application for appointment of second Court Commissioner filed by defendant was allowed and opinion was given in favour of defendant - Plaintiff filed statement of objections and sought for permission to cross-examine expert - However, plaintiffs did not pay requisite Court fee to..........
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...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration that agreement to sell was cancelled - Plaintiff by way of amendment sought the plea of hardship and wanted to incorporate that property was only residential house of plaintiff in which he was residing along with his family - Dismissing the application would mean that valuable..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of PW1 for cross-examination - Defendant granted several opportunities but he did not cross-examine PW1 - Though defendant was negligent in not defending suit, yet an opportunity has to be granted to defendant by placing him on terms - Application allowed subject to payment of costs of Rs.10,000 payable to plaintiff...........
Civil Procedure Code, 1908, Order 9, Rule 6 -- Defendant proceeded ex parte - Such defendant can cross examine witnesses examined by plaintiff to prove the falsity of plaintiffs case...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - To verify construction of shops - Plaintiff has already filed one demarcation report - Evidence has not begun - Defendant will have full opportunity to cross-examine plaintiff's witnesses with regard to demarcation report relied upon by plaintiff - Liberty is thus, granted to defendant that..........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Production of documents - Application filed after conclusion of evidence of plaintiff without disclosing in the application as to why those documents could not be produced earlier - Application rightly rejected - However, since family Court has closed the right of plaintiff to cross-examine the witnesses of defendant, one..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of defendant no.4 for further cross examine qua documents - Documents in question have been exhibited subsequent to completion of cross-examination of defendant no.4 - Plaintiff did not get opportunity to cross examine defendant no.4 on these documentary evidence - Principle of natural justice demands that plaintiff..........
