Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Documents sought to be produced are only revenue records and same would not enure to the benefit of defendants to substantiate their right over the property in question in view of registered partition deed produced in the suit - Application dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of counter claim - Jurisdiction of civil Court - Relief for possession qua agricultural land would lie before Revenue Court and Civil Court has no jurisdiction qua such relief sought by way of counter claim - Counter claim rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While considering prayer for rejection of plaint, Court is required to see only pleadings and not defence of defendant...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Issue of limitation is a mixed question of law and fact and not a pure question of law under which a delayed suit cannot be entertained - Plaint cannot be rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit dismissed while allowing application U.O.7.R.11 CPC only on the ground that relief of declaring petitioner as an adopted son cannot be granted by revenue Court, as revenue Court has no jurisdiction to decide the issue of adoption - However, petitioner is ready to delete this relief prayer,..........
Criminal Procedure Code, 1973, Section 125 -- Proceedings u/s 125 Cr.P.C - Whether civil or criminal - Even if non-compliance with an order for payment of maintenance entails penal consequences, as may other decrees of a Civil Court, such proceedings would not qualify or become criminal proceedings - Nomenclature of maintenance proceedings initiated under Cr.P.C, as those..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - At appellate stage - Question as to whether party should or should not be allowed to amend its pleadings at the appellate stage cannot in its very nature be decided unless the appeal is first heard on merits - Appellate Court rightly passed the order directing to keep the application in abeyance and same..........
Civil Procedure Code, 1908, Section 96(3), 96(3), Order 12, Rule 6 -- Judgment on admission - Appeal thereagainst - Defendant in the presence of his Counsel suffered a statement and accepted the claim of plaintiff - Statement of defendant recorded by Court was categoric and clear like crystal - Appeal against such decree not maintainable as per S.96(3) CPC...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within time - Striking off defence - Defendants admitted that written statement was not filed on account of signatures of one of defendants not having been obtained and written statement would be filed within two weeks - Defendants thus, should not be prevented from presenting their stand before..........
Civil Procedure Code, 1908, Section 51Proviso, Order 21, Rule 37 -- Execution - Money decree - Conditional warrant of arrest - Court must record its satisfaction as per S.51 Proviso CPC that JD with the object of obstructing or delaying the execution proceedings was likely to abscond, leave the local limits or after the institution of suit dishonestly transferred,..........
