Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction petition - Tenant by way of amendment wanted to raise two preliminary objections - One of preliminary objection was that defendant no.2 has not pleaded about her not owing any premise in same urban area - However, since tenant had already mentioned about her ownership of premises..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit - Suit dismissed in default - Non-appearance of plaintiff was neither intentional nor wilful - There was no delay on part of plaintiff - Suit was for recovery on which plaintiff had affixed ad valorem Court fee - Suit was at the stage of cross-examination when it was dismissed in default - Plaintiff was..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Dismissal of application - Eviction petition - Close scrutiny of cross examination conducted upon landlord and his witness nowhere suggests that tenant was able to establish on record that verandah was extended by landlord after commencement of trial and even after filing of application for..........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Amendment of written statement - Dismissal of application - Eviction petition - Admittedly, issues were framed - Landlord concluded his evidence - Tenant also filed his affidavit as his examination-in-chief in his affirmative examination and he has even cross-examined..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Plaintiff avoided to appeal before trial Courts on numerous dates of hearing for completion of cross-examination - Repeated opportunities were given by trial Court in this regard but plaintiff failed to avail the same - Evidence of plaintiff was closed by trial Court which was never challenged during trial - Second..........
Arbitration and Conciliation Act, 1996, Section 34, 13(5), 16(6), Civil Procedure Code, 1908, Section 151 -- Arbitration award - Setting aside - Adducing evidence in an application u/s 34 of the Act - Proceedings u/s 34 of the Act are summary in nature - An application for setting aside an arbitral award will not ordinarily require anything beyond the record that was..........
Civil Procedure Code, 1908, Order 19, Rule 1, Civil Procedure Code, 1908, Order 18, Rule 4(2), Evidence Act, 1872, Section 3 -- Affidavit - Evidence by way of affidavit - Not evidence unless an opportunity of cross examination of deponent is given to the other side...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of DW2 for further cross-examination - At the stage of arguments - Application filed 40 days after closure of evidence on behalf of defendants - Plaintiff has opportunity of cross-examination of DW2 and in fact it was done elaborately - Strong reason is not made out for reopening and application is filed only to..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of plaintiff for further cross examination - Process of Court in terms of O.18.R.17 CPC cannot be invoked by private party, as provision is meant only for convenience of Court...........
Civil Procedure Code, 1908, Order 17, Rule 1 -- Closure of right of defendant to cross-examine plaintiff and PWs - Various opportunities were given to cross-examine witnesses to defendants, but on one ground or other, defendants sought adjournments - Even last opportunity given to defendant with costs also closed - Court proceeded ex parte against defendant no.2 and her..........
