Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for specific performance - Case is at the stage of evidence of plaintiff - Whether agreement in question is a genuine or forged will be decided by Court after evidence of parties - All objections/defence which have been taken by defendants not to be considered at this stage - Only averments made in..........
Civil Procedure Code, 1908, Order 14, Rule 1, 2, Himachal Pradesh Urban Rent Control Act, 1987, Section 26 -- Execution petition - Striking of issue - Maintainability - No necessity for executing Court to go beyond mandate of compromise decree nor executing Court was enjoined to strike any issues vis-a-vis readiness or willingness or otherwise of each of contesting..........
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..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to incorporate expression `100 years' in addition to expression `kadeen' meaning `since time immemorial' - Said amendment cannot be said to be changing frame/structure of suit nor nature of suit - However, fact that disputed way is used for time immemorial or for more than 100 years..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Advocate Commissioner - Can be appointed in suit for bare injunction - However, such an appointment must be only in cases where it is necessary for localising the property, when there is a dispute regarding boundaries or there is an attempt made to alter the physical features of the property etc. - In a suit for bare..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - For noting down standing crops in property - Such an inspection will only amount to finding out who is in possession of property and will amount to collecting evidence - Order allowing application held, set aside...........
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 18, Rule 3 -- Rebuttal evidence - Where factum of Will in terms of its execution was proved only in defence by leading evidence, even if factum of Will was in the knowledge of plaintiff from very beginning still plaintiff was not supposed to lead evidence in negative to prove Will was not genuine - It is only after evidence led by..........
Civil Procedure Code, 1908, Section 92 -- Leave of Court to institute u/s 92 CPC - Applicaotn filed but no order passed - Defendant contested suit without raising plea that leave of Court is not granted - Even both sides led evidence and matter was decided on merits - Defendant submitted to jurisdiction of Court without any demur and objection - Courts below came to..........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Late production of documents - Documents sought are relevant with regard to dispute between parties except document No.1 - Said documents are in the name of person for whose properties suit for partition is being filed by plaintiffs - Documents except document No.1 are taken on record subject to payment of Rs.4000 as cost..........
