Civil Procedure Code, 1908, Order 13, Rule 8 -- Impounding of document - Mere impounding of documents would not by itself confer any right, title or interest in the property either in favour of respondents or adverse to the interest of petitioners...........
Civil Procedure Code, 1908, Section 151, Order 8, Rule 1A, 4 -- Late production of documents - Documents sought to be produced contrary to pleadings - Documents sought to be filed not filed alongwith written statement and failure to satisfactorily account for not pleading them or filing them as required under law - Allowing said documents on record would certainly cause..........
Civil Procedure Code, 1908, Order 22, Rule 3(2) -- Substitution of Legal heir - Death of plaintiff - Application for substitution filed after delay of 3 years from the date of death of plaintiff - However, since legal heir was impleaded only for the purposes of continuation of suit, application not barred by limitation and suit would not abate - Application rightly..........
Civil Procedure Code, 1908, Order 18, Rule 3, Evidence Act, 1872, Section 45 -- Rebuttal evidence - Recording of statement of fingerprint and handwriting expert - Order was passed in an application for taking specimen handwriting of defendant no.2, that same would be taken up at the time of evidence of plaintiff - However, evidence of plaintiff had been closed and in..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Expert opinion - Will in question was produced by defendant after closing evidence of plaintiff - Since defendant has led expert evidence in respect of said will thereafter opportunity has to be granted to plaintiff to rebut said evidence - It is also not denied that plaintiff had closed his evidence only..........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Claim applications have to be tried like a suit U.O.21.R.58 CPC...........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Third party objections - Impugned order of rejection of application by Trial Court would disclose that no trial was conducted, no evidence was let in and no opportunity was given to petitioners to adduce evidence - Appendix of evidence was recorded as nil - Impugned order set aside - Matter remanded to trial..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file afresh suit - Plaintiff sought withdrawal of suit on the ground that certain pleading has been left and material documents have also not been filed - However, such nature of defect is curable - No formal defect or sufficient ground has been established by plaintiff - Application rightly..........
Civil Procedure Code, 1908, Order 16, Rule 14, 15 -- Application U.O.16.Rr.14, 15 for summoning witness alongwith a document - Crux of dispute between parties has nothing to do with proposed witness and proposed document - Issues are not with reference to any fact concerning proposed witness and document - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Order of dismissal of application U.O.7.R.11 CPC - Revision - Maintainability - Petitioner approached u/art 227 of Constitution against order of dismissal of application U.O.7.R.11 CPC and not u/s 115 CPC - Revision petition u/art 227 of Constitution is maintainable against an order of dismissal of an application U.O.7.R.11..........
