Civil Procedure Code, 1908, Order 16, Rule 1 -- Summoning of witnesses - Contention that application filed only to delay the trial - Contention rejected, as defendants already deleted almost 18 witnesses and two have died during pendency of trial - Moreover, defendant was also burdened with costs of Rs.5000 for inconvenience caused to plaintiff - Application rightly..........
Civil Procedure Code, 1908, Order 16, Rule 1 -- Summoning of witnesses through process of Court - Declined on the ground that same is sought after 15 days of framing of issues - Procedure prescribed U.O.16.R.1 is directory - Impugned order set aside - Court assistance be provided to summon witnesses...........
Court Fees Act, 1870, Section 16 -- Refund of Court fee - Compromise - Sale deed executed in favour of one `G' in pursuance of the compromise - However there is no link between said `G' and plaintiff-appellant - Request for refund of Court fee, rejected...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 16 -- Appeal - Power of remand - Appellate Tribunal is not conferred with power of remand u/s 16 of the Act and upon entertaining appeal must either reject or accept the same, wholly or partly as the case may be...........
Civil Procedure Code, 1908, Order 6, Rule 16 -- Striking off pleadings - Pleadings which are scandalous and frivolous can be struck off but pleadings lacking in truth cannot be struck off as same are to be tested during trial...........
Civil Procedure Code, 1908, Order 16, Rule 1, 2 -- Summoning of witnesses - While deciding application to summon witnesses, Court is required to prima facie ascertain relevancy and requirement of proposed witnesses...........
Civil Procedure Code, 1908, Order 16, Rule 1, 2 -- Summoning of witnesses - Mere fact that applicant had not mentioned relevant provisions under which he had moved an application seeking summoning of witnesses, cannot be a reason to non-suit an applicant...........
Civil Procedure Code, 1908, Order 16, Rule 1, 2 -- Summoning of witnesses - Suit for declaration that relinquishment deed is null and void - Summoning of stamp vendor and Sub Registrar, as witnesses, is necessary in order to ascertain the veracity of petitioner's stand - Application allowed...........
Hindu Adoptions and Maintenance Act, 1956, Section 16 -- Adoption - Of unborn child - Hindu Adoptions and Maintenance Act, 1956 does not envisage an agreement to adopt a child, who is not yet born...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 16(1) -- Appeal - Right to appeal is available to any affected parties...........
