Family Courts Act, 1984, Section 7(1) -- Explanation (b) - Daughter seeking declaration that marriage of her late father with respondent is null and void and also the status of respondent as on date still continues to be the wife of one `M' - Limitation - Plaintiff came to know the relevant facts along with documents regarding defendant not having taken divorce from her..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Previous suit filed in the year 2015 - Present suit filed in the year 2016 - Appellant discovered fraud alleged to have been played by respondent pursuant to documents dated 10th and 12th February, 2016 - There was disclosure and discovery of new facts constituting new cause of action - Moreover the..........
Civil Procedure Code, 1908, Order 8, Rule 1A -- Late production of documents - Partition suit - When prima facie documents are not concocted or false and same is registered wherein interest of defendant is prima facie made out and property in question is ancestral property, both parties have right to adduce evidence and to prove accordingly - Defendants permitted to..........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Late production of documents - O.7.R.14(3) CPC does not create absolute bar on acceptance of document at a later stage of proceedings of suit...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Simple withdrawal of suit alongwith a prayer to return documents submitted before Court - Rightly allowed by Court below, as there is no embargo to allow such prayer...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to bring on record certain documents claiming that same are relevant for adjudication of suit - However, proposed amendment would introduce a new fact in the pleadings which was in no way concerned with real question in controversy and adding the same in the pleadings would cause..........
Rajasthan Premises (Control of Rent and Eviction) Act, 1950, Section 13 -- Eviction suit - Dismissal of suit - Arrears of rent - No material whatsoever was produced regarding relationship of landlord and tenant between the parties besides the fact that defendant was able to establish that preliminary facts alleged in plaint regarding letting out property in the year 1983..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Claim in suit based on an agreement executed through power of attorney holder - Court is not debarred from looking into power of attorney - It is open to Court to read terms of Power of Attorney alongwith plaint in the same manner as documents appended to the plaint, which form part of the plaint...........
Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Late production of documents - Leave of Court - Such documents not filed alongwith written statement as these documents were missing and traced at a later stage - These documents necessary for arriving at a just decision in the suit - Court ought to grant leave to produce these documents...........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - De novo trial - Suit for permanent injunction and mandatory injunction - Plaintiffs and defendant no.1 claim tenancy under defendant no.2 - However, defendant no.2 remained ex parte - Production of documents available with defendant no.2 regarding leasehold right will have much assistance to Court for an effective..........
