Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - A person having relevant evidence may be a necessary witness and he cannot be termed as a proper party...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Suit should not normally be dismissed on technicality just because the plaint is not signed by competent person and that too without giving sufficient opportunity to rectify error or to allow party to lead evidence to prove the same...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Court can appoint local commissioner to make local investigations, when Court is of the opinion that same is necessary for just decision of case - Object behind the provision is not to collect evidence on behalf of either of the party, but to elucidate any point, which is left doubtful, after the evidence..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Order rejecting injunction application - Writ petition - Petition filed after delay of about 2 years and 9 months - No indulgence therefore can be granted at such a belated stage - That apart, document which was heavily relied neither placed before trial Court nor same considered by Courts below..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Claim set up in plaint barred by S.4(1) of Benami Transactions (Prohibition) Act, 1988 - Application for rejection of plaint dismissed on the sole ground that an issue has been framed and it would be a matter of trial as to whether property is individual property or has been purchased by joint family..........
Indian Penal Code, 1860, Section 302, 325, 323, 341 -- Murder - Ocular version of injured eye witnesses corroborated by medical evidence - Post mortem report of deceased reveals that he had suffered 23 injuries with blunt weapons - Statement of DW1 failed to rebut the testimony of eye witnesses - Some civil and criminal disputes were going on between parties, which shows..........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Striking off an issue - Defendant relying upon two different Wills executed by same testator - Two issues framed as to validity of these two wills - Trial Court to adjudicate upon the same once the parties lead evidence on the issues so framed - Order rejecting application to strike off one issues, upheld...........
Civil Procedure Code, 1908, Section 151, Order 16, Rule 1, 2 -- Summoning of witness - Application filed for verification of signatures by handwriting expert - Provision of O.16.Rr.1, 2 CPC deals with summoning and attendance of witnesses - It does not speak about verification of signatures on documents by any person by handwriting expert - Even otherwise, defendants are..........
Civil Procedure Code, 1908, Order 17, Rule 1 -- One opportunity to lead evidence granted by High Court - Petitioner did not lead evidence on three occasions - No reason much less a plausible reason brought fore to satisfy as to what prevented him from appearing on the scheduled date - Order closing evidence of defendant held, proper...........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 27 -- Additional evidence at appellate stage - Dismissal of application - While dismissing application no opportunity was granted to petitioner to challenge the same since the final judgment was passed on the very same date - Approach adopted by appellate Court has led to serious miscarriage of justice - Denying a..........
