Civil Procedure Code, 1908, Section 151, Partition Act, 1893, Section 3 -- Partition suit - Auction sale - Property cannot be beneficially partitioned into six equal shares and even if it is divided, its value would be diminished as per report of Advocate Commissioner - No objections were filed by any of parties regarding report of Advocate Commissioner - Auction of..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit dismissed in default - Plaintiff suffered an order of dismissal, as his counsel has noted wrong date of hearing in his diary - Litigant cannot be made to suffer on account of negligence or lapse on the part of his advocate - Sufficient cause shown by plaintiff..........
Hindu Marriage Act, 1955, Section 12, Evidence Act, 1872, Section 45, Civil Procedure Code, 1908, Section 75E, 151 -- Annulment of marriage - Status of potency - Medical test - Denial of marriage - Matrimonial Court has power to order a person to undergo medical test - It cannot be contended that relief cannot be granted in the present merely because marriage was denied...........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Recall of witnesses for further cross-examination - Non briefing of counsel at the time of cross examination of witnesses is not a ground for recalling witnesses for further cross examination...........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Recall of witnesses for further cross-examination - Filing of application at belated stage without cogent reasons, which is filed to fill up lacunae - Application rightly dismissed...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Notwithstanding deletion of O.18.R.17-A CPC, Court has inherent powers to permit parties to lead additional evidence on such terms as may appear to be just...........
Civil Procedure Code, 1908, Section 151 -- Giving up witness after tendering his affidavit of examination-in-chief - Merely because affidavit is tendered in evidence does not mean that witness has to be cross examined - Plaintiff is dominus litis - Defendant cannot insist that plaintiff should examine such a witness - Order allowing giving up witness, upheld...........
Civil Procedure Code, 1908, Section 151 -- Police protection - Decree of permanent injunction - Violation - Plea by J.D. that some steps have been taken to record himself as a cultivating tenant - However, so far no order has been passed by revenue authorities - No ground to interfere with the order of Executing Court in directing police protection...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex parte decree - Setting aside - Application U.O.9.R.13 CPC filed after inordinate delay of about 7 years after putting in appearance by defendant in execution proceedings - No reason offered by defendant for not filing application for setting aside ex parte decree for a period of almost seven years - Order..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 7 -- Appointment of site commissioner - Partition suit - Court while allowing application specifically directed that inspection of property by taking details of neighborhood, condition and measurements of rooms and walls and also to take photographs and measurements of plot in dispute from all sides based upon which..........
