East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i), Civil Procedure Code, 1908, Section 11 -- Bonafide requirement - Res judicata - Earlier eviction petition was filed for own use and occupation - Subsequent eviction petition filed for requirement of grandson - Not barred by principle of res judicata...........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Marking of a document - Unstamped document - Marked as an exhibit and admitted in evidence under the signature of the Court - It cannot be said that the document has been inadvertently admitted...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(ii)(v), Civil Procedure Code, 1908, Order 26, Rule 10 -- Cease to occupy - Local Commissioner found shop locked - Report of Commissioner cannot be used for the purpose other than the physical examination whether the shop was closed or not - It would be too difficult to make an inference of whether the tenant had..........
Civil Procedure Code, 1908, Order 17, Rule 2, Civil Procedure Code, 1908, Order 9, Rule 13 -- Court proceeded U.O.17.R.2 CPC - In fact Court proceeds ex parte under O.9 CPC - Defendant gets a right to either file an application U.O.9.R.13 CPC or to file a regular first appeal - Held, application filed U.O.9.R.13 CPC is maintainable...........
Civil Procedure Code, 1908, Order 13, Rule 1 -- Photocopy of original can be produced - Original documents are only intended to be produced i.e. to be given inspection of while the copies are to be filed - Use of words `produce' and `filed' in the provision means that it is production of originals for inspection only and filing of copies only...........
Civil Procedure Code, 1908, Order 13, Rule 1 -- Photocopy of a original document can be filed instead of filing the original document - But not so when document is doubtful or for any other reason it is required by Court to remain in original on the file of the Court - In that event party cannot insist on filing of copy only...........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Exhibit on a photocopy - Once original document is produced for inspection then endorsement/exhibit mark can be put on copy on Court record...........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment sought at appellate stage - Appeal cannot be decided without deciding the interlocutory application for amendment of written statement...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - No sufficient cause shown for setting aside the exparte judgment and decree - A party served with summons at the commencement of the hearing of the suit is not required to be served with subsequent notice, which was necessitated because that party has chosen to stay away from the hearings..........
Civil Procedure Code, 1908, Section 13 -- Foreign judgments - Enforceability of - Test to be applied in determining as to whether a foreign judgment is enforceable or not whether the conclusions in the judgment are supported by evidence or are otherwise correct, because binding character of judgment can be displaced only by establishing that case falls within one or more..........
