Civil Procedure Code, 1908, Section 151, Order 9, Rule 9 -- Restoration of suit dismissed in default - Counsel for plaintiff on account of death in neighborhood could not appear before Court on the date so fixed - Affidavit in this regard was also submitted by him before Court below - Sufficient cause of absence has been shown by plaintiff - Suit restored to its original..........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Affidavit of witnesses - O.18.R.4 CPC does not provide that affidavits of all the witnesses should be filed on one and same date...........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Closure of right of plaintiff to file affidavits of other witnesses - Case fixed first time for cross-examination of plaintiff witness - There was thus, no occasion to close right to file affidavit of other witnesses of plaintiffs in advance - Order of closure of right of plaintiff to file affidavits of other witnesses set..........
Civil Procedure Code, 1908, Order 18, Rule 4, Civil Procedure Code, 1908, Order 19, Rule 3 -- Affidavit - Ad verbatim of plaint - An affidavit should be in concise form stating material part of the contentions while ignoring formal part of the pleadings - Affidavit ordered to be taken off the record to be kept in part `D' - Respondent directed to file fresh affidavit...........
Civil Procedure Code, 1908, Order 39, Rule 3 -- Ex parte interim injunction - When ex parte interim injunction is granted then complete copy of paper book viz. copy of application for injunction, copy of affidavit filed in support of application, copy of plaint and copies of documents on which applicant relies upon not sent by registered post as envisaged U.O.39.R.3 CPC -..........
Civil Procedure Code, 1908, Order 19, Rule 3, 9, Allahabad High Court Rules, 1952 -- Chapter IV, R.12 - Affidavit - Person making averments in the affidavit must disclose as to what facts are true to his personal knowledge, what facts are true on the basis of information received from others which he believed to be true and what facts are based on information derived from..........
Criminal Procedure Code, 1973, Section 207 -- Documents - Supply of copy to accused - Initiation of FIR in the case stems from writ proceedings before High Court, wherein State has opted to re-examine issue in contradiction of their own affidavit and preliminary report submitted earlier before High Court stating commission of cognizable offence had not been made out -..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - To be confined only to those issues burden of which was upon the other party - In the instant case burden of proof on issue No.2 only was upon defendant - Trial Court order that affidavit filed in rebuttal by plaintiff be confined to the extent of issue No.2 only - Plaintiff in the garb of rebuttal..........
Criminal Procedure Code, 1973, Section 156(3) -- Investigation u/s 156(3) Cr.P.C. - It should be demonstrated in complaint that complainant made efforts to register a complaint before jurisdictional police and that having not entertained the only way to proceed in the matter is by registration of a complaint and secondly it shall be accompanied by an affidavit - Both the..........
Civil Procedure Code, 1908, Order 8, Rule 1, Delhi High Court (Original Side) Rules, 2018, Rule 3, 4 -- Chapter VII - Written statement - Filed within statutory period but without accompanying affidavit of admission/denial of documents, does not amount to non-est filing, since it cannot be said that nothing was filed at all - However it amounts to a defect that is required..........
