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..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Additional evidence - Rebuttal - Recall of witness - Plaintiff examined patwari but he failed to bring official record with respect to khasra girdawari and pedigree table and for this plaintiff cannot be found fault with - At rebuttal stage, application has been made in time to examine concerned daftar kanungo who will bring..........
Civil Procedure Code, 1908, Order 13A, Rule 3 -- Summary judgment - Commercial dispute - O.13-A.R.3 CPC empowers Court to grant a summary judgment against defendant where Court considers that defendant has no real prospect of successfully defending claim and there is no other compelling reason why claim should not be disposed of before recording of oral evidence...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Plea of petitioner is that respondent was duly served through publication in a newspaper - All notices issued to respondent were received back with a specific report that respondent was not residing in village - In these circumstances, publication in newspaper which is stated to be circulated..........
Specific Relief Act, 1963, Section 10, Civil Procedure Code, 1908, Order 2, Rule 2, Evidence Act, 1872, Section 115 -- Suit for specific performance - Barred by estoppel - Plea that earlier suit for permanent injunction stood dismissed - Since in both the suits parties and relief sought are entirely different - Suit not barred by estoppel and bar U.O.2.R.2 CPC also not..........
Civil Procedure Code, 1908, Order 13, Rule 10(3) -- O.13.R.10(3) CPC, enable Court to use in evidence, any document under the law, which would otherwise be inadmissible in suit...........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Pleadings - Should contain statement in concise form and material facts on which party intends to rely for his claim or defence but not evidence by which they are to be proved...........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of document - Plaintiff cannot be permitted to file additional documents invoking provision of O.7.R.14 CPC when his evidence is over, that too when suit is filed in the year 2012 and case reached at the stage of defendant's evidence - Application rightly rejected...........
