Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issues - Rent petition - Issues were framed in the year 2015 - Subsequently, witnesses of landlord were examined and even one witness on behalf of tenant had been examined by trial Court Application for framing additional issues filed at this stage that too after 8 years of framing of issues - All..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Rent petition - Objection taken qua original landlord that he is not the landlord - Such objection holds good for his legal heirs - There is no need to incorporate a plea qua L.R's not being landlords - Application rightly dismissed...........
Civil Procedure Code, 1908, Section 30, Order 26, Rule 9 -- Appointment of advocate commissioner - In a suit for injunction, facts could be gathered at the ground level by civil Court by appointment of advocate Commissioner for the purposes mentioned in S.30 CPC and thereafter rights of contesting parties could be gathered - Application allowed...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of advocate commissioner - Merely because defendants seek for appointment of advocate commissioner, same per se does not mean that report would be in favour of defendants - Advocate commissioner is appointed for gathering the truth - If the structures as pleaded by defendants are in existence and Advocate..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of PW1 for cross-examination - Defendant granted several opportunities but he did not cross-examine PW1 - Though defendant was negligent in not defending suit, yet an opportunity has to be granted to defendant by placing him on terms - Application allowed subject to payment of costs of Rs.10,000 payable to plaintiff...........
Civil Procedure Code, 1908, Section 24 -- Transfer of case - Matrimonial dispute - Convenience of wife is to be preferred over convenience of her husband while dealing with the issue of transfer of proceedings in matrimonial matters...........
Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - Wife asserts herself to be economically unsound having no source of livelihood with no movable or immovable property in her name - Financial constraints of wife restrains her from going from Kinnaur to Shimla to attend each and every hearing of case - Moreover, transfer of proceedings will enable both..........
Civil Procedure Code, 1908, Section 80(1) -- Notice - Provision of S.80 CPC is mandatory but the same can be waived by defendant - Defendant when waives the requirement of issuance of notice by not raising objection in the written statement then plaintiff cannot be non suited on the ground of non service of notice on the defendant prior to institution of suit...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - To further cross examine witness to confront with documents - Such documents were in public domain - Documents not produced earlier is likely to fill up the lacuna and omission in evidence - Application dismissed...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of subsequent purchaser - Suit for specific performance - Defendants sold the land in question to Sehkari Samiti - However, controversy in the suit is decided on the basis of agreement alleged to have been executed by defendants with plaintiff - There is thus, no need to implead Sehkari Samiti as a party defendant..........
