Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Local commissioner can only ascertain things as they exist on site as per averments made in plaint and written statement - Whether there is an encroachment or not would be exclusive domain of Court...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within time - Striking off defence - Suit for recovery - Injustice would be occasioned to defendant if he is not granted one opportunity to file his written statement - One opportunity is thus, granted to defendant to file written statement subject to payment of costs of Rs.10,000/-...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Not filed with leave of Court - Such replication cannot be considered as part of pleadings - Permission granted to withdraw such replication - No interference in order warranted - However, defendant shall be at liberty to confront plaintiff based on statement, if any, made in the replica in question...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Replica not filed by plaintiff with leave of Court - Mere acceptance of replica on record will not amount to permission or leave to file replica...........
Civil Procedure Code, 1908, Order 16, Rule 21 -- Summoning of defendant as plaintiff's witness - Plaintiff can seek to summon defendant as his witness but same cannot be allowed as a matter of right and Trial Court is required to consider the purpose for which, witness is proposed to be summoned and thereafter consider application by assigning proper reasons...........
Civil Procedure Code, 1908, Order 16, Rule 21 -- Summoning of opponent as a witness - Not desirable judiciously - However, in case Court comes to conclusion that opponent's evidence is necessary then to summon the opponent as a witness...........
Civil Procedure Code, 1908, Section 9, Himachal Pradesh Land Revenue Act, 1954, Section 46 -- Jurisdiction of civil Court - Suit related to entries of revenue record - Plaintiff claimed that her name was not incorporated by revenue officials in column of ownership and possession despite acquiring status by way of adverse possession - Such denial to record name of plaintiff..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Application for setting aside ex parte order was filed on the very next day when ex parte order was passed - No delay on part of petitioner - Petitioner cannot be blamed for delay caused in disposal of suit - Merely because suit is pending for more than 10 years, petitioner cannot be put into..........
Criminal Procedure Code, 1973, Section 30(1)(b), Bharatiya Nagarik Suraksha Sanhita, 2023, Section 24(1)(b) -- Sentence of imprisonment in default of fine - If substantive sentence of imprisonment is not imposed, S.30(1)(b) Cr.P.C. or S.24(1)(b) BNSS do not restrict duration of default sentence that can be imposed - Restriction of one fourth of term of imprisonment..........
Criminal Procedure Code, 1973, Section 357 -- Compensation - Sentence of fine - Fine is a mode of punishment - Therefore, normally, when fine is imposed, first right upon fine is to State as it is a punishment for offence - While collecting fine a portion can also be given as compensation to victim...........
