Civil Procedure Code, 1908, Section 11 -- Res judicata - Earlier application was filed for deleting the names of some of DHs - Whereas, subsequent application has been filed for substitution of JDs - Subsequent application not barred by res judicata...........
Civil Procedure Code, 1908, Order 22, Rule 12, 3, 4 -- Abatement - Execution - Provisions of O.22.Rr.3, 4 CPC do not apply to execution proceedings - There would be no abatement of execution proceeding, as no limitation has been prescribed for substitution of JDs - JDs can be brought on record at any stage of proceeding and if any time frame is provided by executing Court..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Document sought to be produced at appellate stage can be accepted only if there is a satisfactory explanation for the non-production before the original Court, i.e. despite exercise of due diligence or the same was not within the knowledge of party or it could not be produced despite..........
Civil Procedure Code, 1908, Section 20, Order 7, Rule 10 -- Return of plaint - Jurisdiction - Contract of employment - Decision to employ taken in Mumbai, appointment letter issued from Mumbai, employment agreement dispatched from Mumbai, decision to terminate the service taken in Mumbai and letters of termination dispatched from Mumbai - Even, clause in the contract has..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Where plaintiff claims a particular relief or reliefs against a defendant and defendant makes a plain admission, former is entitled to relief or reliefs admitted by latter...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Provision of O.12.R.6 CPC is enabling, discretionary and permissive - They are not mandatory, obligatory or peremptory...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - If Court is of opinion that it is not safe to pass a judgment on admissions, or that a case involves questions which cannot be appropriately dealt with and decided on basis of admission, it may in exercise of its discretion, refuse to pass a judgment and may insist upon clear proof of even admitted..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Expression `otherwise' used in provision permits Court to pass judgment on basis of statement made by parties not only on pleadings but also dehors pleadings i.e. either in any document or even in statement recorded in Court - If one of parties statement is U.O.10.Rr.1, 2 CPC, same is also a statement..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Decree O.12.R.6 CPC may be either preliminary or final...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Plaintiff may move for judgment upon admission by defendant in his written statement at any stage of suit although he has joined issue on defence - Likewise, a defendant may apply for dismissal of suit on basis of admission by plaintiff in rejoinder - Court may, in an appropriate case, give a judgment..........
