Civil Procedure Code, 1908, Order 18, Rule 17A -- Additional evidence - Seventeen effective opportunities had been granted to defendant to lead evidence and her evidence was already closed - Application filed only to delay the suit filed by plaintiff - Moreover, O.18.R.17-A CPC has already been deleted, there is thus, no right to lead additional evidence - Application..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Suit filed against dead person - Impleadment of LRs of deceased defendant - Order allowing impleadment, upheld...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Jurisdiction of civil Court - Trust property - Defendant sold his share in trust property - Plaintiff wanted to declare sale deed as null and void - Plaintiff had not sought any relief under Rajasthan Public Trust Act - Civil Court has power to declare said sale deed as null and void - Application..........
Civil Procedure Code, 1908, Order 9, Rule 6 -- Defendant proceeded ex parte - He cannot produce evidence in defence - Limited right of such defendant is confined to cross examine plaintiff's witnesses...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration, recovery of possession, mesne profits and permanent injunction - Defendants had duly admitted title of plaintiff over suit land - Though defendant claimed that there was a gratification of land in his favour, but there is no evidence adduced in support thereof - Documents of title of plaintiff..........
Civil Procedure Code, 1908, Section 151, Order 8, Rule 1A -- Late production of documents - Document sought is not a new document without there being any pleading with regard to the same in written statement - There is factual foundation for document sought to be received and a photocopy of said document was also filed along with written statement - Proposed document is..........
Civil Procedure Code, 1908, Order 7, Rule 11(a), (d) -- Rejection of the plaint - The plaint are to be considered under O.7.R.11 CPC - While it is true that the defendant's defence is not to be considered at this stage, this does not mean that the court must accept patently untenable claims or shut its eyes to settled principles of law and put the parties to trial, even in..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Where plaintiff claims a particular relief or reliefs against a defendant and defendant makes a plain admission, former is entitled to relief or reliefs admitted by latter...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Plaintiff may move for judgment upon admission by defendant in his written statement at any stage of suit although he has joined issue on defence - Likewise, a defendant may apply for dismissal of suit on basis of admission by plaintiff in rejoinder - Court may, in an appropriate case, give a judgment..........
Civil Procedure Code, 1908, Order 12, Rule 6, Civil Procedure Code, 1908, Order 8, Rule 5, Evidence Act, 1872, Section 58 -- Proviso - Judgment on admission - Court is not bound to grant relief to plaintiff only on basis of admission of defendant...........
