Evidence Act, 1872, Section 137, Civil Procedure Code, 1908, Order 11, Rule 1 -- Cross examination - Asking defendant to prepare questions to be put in cross examination in writing and plaintiff should answer those questions in writing which should form part of his cross examination - Plea that plaintiff finds himself under pressure in Court premises hence does not desire..........
Civil Procedure Code, 1908, Rule 1, Rule 8(2) -- Representative suit - When plaint is amended adding additional reliefs or by adding additional properties, or when there is substantial change in nature and character of suit by amendment - It is mandatory that there should be a further compliance of requirement U.O.1.R.8(2) CPC for the amended plaint...........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Proof beyond pleading - Any amount of evidence adduced without a foundation in pleading is of no avail...........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary parties - Suit for partition - No evidence to show that widow of `D' got remarried and lost her right in suit property - Widow is necessary and proper party to proceedings - Suit is bad for no, joinder of necessary party - More so, defect of no, joinder is fatal and cannot be cured by impleading them..........
Civil Procedure Code, 1908, Order 8, Rule 6A, Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of additional defendants in counter claim - If third parties are also necessary for considering the question of counter claim, they also can be impleaded as additional defendants in the counter claim - However plaintiff has right to say that defendant cannot insist on..........
Civil Procedure Code, 1908, Order 37, Rule 1, 2 -- Summary suit - Suit for recovery of money - Defendant shall not defend the summary suit unless he enters appearance and the consequence of his failing to do so would be deemed admission on his part leading to entitlement of plaintiff to a decree for the sum mentioned in summons together with interest and costs...........
Civil Procedure Code, 1908, Order 37, Rule 1, 2 -- Summary suit - Non-appearance of defendant - Consequences - Failure on part of defendant to put his appearance within 10 days from date of receipt of summons in a summary suit would straightaway entitle plaintiff therein to a decree for sum of money mentioned in summons along with interest and costs...........
Civil Procedure Code, 1908, Section 151, Order 22, Rule 4(2), Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - LRs of deceased defendant - Application for impleadment by petitioners in their individual capacity rejected right upto High Court - Manifestly petitioners had no individual right to file distinct reply in suit and have to adopt pleadings of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 3, Civil Procedure Code, 1908, Order 43, Rule 1(r), Civil Procedure Code, 1908, Section 104 -- Grant of interim injunction in regular appeal filed U.O.41 PC - Appeal there against - Appeal is maintainable in view of S.104(1) read with O.43.R.1(r) CPC...........
Civil Procedure Code, 1908, Order 6, Rule 1 -- Pleading and proof - Parties to suit cannot be permitted to travel beyond pleadings, as civil suits are decided on the basis of pleadings...........
