Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for possession and recovery of mesne profits - Issues framed in the matter, evidence to be led, would be relevant and matter cannot be decided at this stage in an application U.O.7.R.11 CPC - Suit cannot be rejected at this stage, as parties are also relying upon oral agreement - Suit is almost at..........
Civil Procedure Code, 1908, Order 7, Rule 11, Delhi Rent Control Act, 1958, Section 50 -- Rejection of plaint - Dismissal of application - Suit for eviction - Perusal of issues shows that there is a specific issue in respect of whether property tax is deemed to be part of rent or not - Parties stand that there is an agreement between them that house tax would be part of..........
Civil Procedure Code, 1908, Order 17, Rule 1, 3 -- Closure of evidence of plaintiff - Sufficient opportunities granted to plaintiff to complete his evidence - Earlier also evidence of plaintiff was closed, as he had not led evidence within time - Despite having been granted 3 opportunities by Court, plaintiff still failed to complete his evidence within time - However,..........
Civil Procedure Code, 1908, Order 9, Rule 8 -- Defendant appeared but plaintiff did not appear - Suit should be dismissed instead of proceeding further or to give any opportunity to the defendants to lead their evidence...........
Civil Procedure Code, 1908, Section 74 -- Resistance to execution of decree of eviction - Application filed seeking to prove documents submitted and lead evidence - Once documents filed by petitioner in support of his resistance application have not been admitted, petitioner has to be provided opportunity to prove said documents...........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of documents - Certified copies of documents sought to be produced by plaintiff without wishing to lead any further oral evidence in support thereof - No harm would be done to defendants, as it would not delay suit any further for want of witnesses coming forward to testify in support of those documents -..........
Civil Procedure Code, 1908, Order 18, Rule 4, Civil Procedure Code, 1908, Order 19, Rule 3 -- Examination-in-chief by way of affidavit - Affidavit in evidence can factually expand on a plea taken in the plaint - It can also support factual assertions made in the plaint but it cannot contradict or state facts which cannot be derived from the plaint - Practice of filing..........
Civil Procedure Code, 1908, Order 18, Rule 4, Civil Procedure Code, 1908, Order 19, Rule 3 -- Examination-in-chief by way of affidavit - If any part of affidavit in evidence is objected to including the ground of mode of proof or admissibility, such objections can be recorded and subject to same being decided at the time of final adjudication, cross-examination could..........
Civil Procedure Code, 1908, Order 19, Rule 3 -- Affidavit in evidence - Cannot contain matters of surmise, legal arguments or conjecture and cannot controvert pleadings on record of either party...........
Civil Procedure Code, 1908, Order 12, Rule 2 -- Admission or denial of documents - Service law dispute - Registry is directed not to list any fresh RSA for hearing the subject matter of which is a service law dispute without the filing with record - At the commencement of the proceedings and before the issues are framed Trial Court should insist upon the parties to first..........
