Civil Procedure Code, 1908, Order 18, Rule 17 -- Cross examination - Adjournments sought to cross examine witness on one pretext or the other - Defendant acted in a manner to cause colossal insult to justice and to the concept of speedy insult to justice and to the concept of speedy disposal of civil litigation - Petition dismissed with costs of Rs.50,000/- - Non deposit..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Counsel pleaded no instructions - Court is required to issue notice to defendant - Nothing on record that counsel after pleading no instructions sent an intimation to his client - Moreso three witnesses of plaintiff were present for cross examination but counsel did not cross examine and..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness for cross-examination - Failure to cross-examine plaintiff despite several opportunities granted for the purpose - It may have serious repercussions and consequences for defendant in case plaintiff is not cross-examined - Keeping in view the principles of natural justice, defendant should not be allowed..........
Adverse possession -- Claim of defendant that he was in possession of suit property for the last 35 years, not proved, as there is no document on record to prove the same - Plaintiff on the other hand stated that property fell to his share - Defendant did not make any cross-examination of plaintiff on this aspect - Witnesses proved on record that property belongs to..........
Civil Procedure Code, 1908, Order 18, Rule 4, Evidence Act, 1872, Section 137 -- Affidavit of examination-in-chief - Bald statement that everything written in plaint is correct - Even there is no reiteration of statements made in plaint - There is no requirement at all for the defendant to cross examine him on those issues...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction for setting aside judgment and decree declaring defendant as owner of suit property - Limitation - Once there is an admission in cross examination with regard to execution of sale deed in the year 1981 in favour of defendants, yet there is no challenge to the same in suit as such..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought in the nature of clarification to pleas already taken in written statement in addition to legal pleas - No case of defendants that in spite of due diligence such pleas could not be taken before commencement of trial - All such facts were not only pre-existing but also well..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Suit for specific performance - Amendment sought to incorporate the circumstances under which forgery was perpetrated - Defendant who carries through the cross-examination of plaintiff and allows plaintiff to conclude his evidence cannot bring a plea after conclusion of plaintiff side..........
Adverse possession -- Claim of defendant that he was in possession of suit property for the last 35 years, not proved, as there is no document on record to prove the same - Plaintiff on the other hand stated that property fell to his share - Defendant did not make any cross-examination of plaintiff on this aspect - Witnesses proved on record that property belongs to..........
Specific Relief Act, 1963, Section 37, 38 -- Permanent Injunction - Plaintiff claimed to be in possession of suit property for past more than 12/14 years - On spot inspection by revenue officials Plot was transferred to plaintiff via conveyance deed - No evidences shown by defendants to prove possession over suit land - Neither any Sarpanch nor any official of Panchayat..........
