Civil Procedure Code, 1908, Section 151, Order 9, Rule 4, 8, Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Dismissal in default for non appearance of both the parties - Restoration - Application for restoration of petition for divorce by mutual consent should have been filed by both the parties jointly and restoration application filed by appellant..........
Civil Procedure Code, 1908, Section 151, Order 37, Rule 3 -- Summary suit for recovery - Non-appearance of defendant - Condonation of delay - O.37.R.3 CPC clearly provides for defendant to make his appearance before Court within a period of 10 days after service of summons - However, defendant after a period of 20 days made his appearance before Court and presented..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Defendant seeking permission to lead additional evidence after closure of his evidence - Same allowed only on the ground that plaintiff will have a right to cross examine the witness without going into the question whether same could be allowed once the evidence of defendant was closed - Order totally cryptic..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Production of documents - Documents in question relates to the year 2015 and plaintiff filed the application after a delay of 7 years when the matter was fixed for final arguments - Plaintiffs just want to delay the proceedings - Application rightly dismissed...........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of amended written statement - Typographical mistake of figures in the amended written statement - Defendant permitted to carry out proposed amendment as per his application for amendment of written statement...........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 9 -- Appointment of Local Commissioner - To report about existing state of affairs at the spot - Report by Local Commissioner would in fact help in effective adjudication of the issue and would not cause any prejudice to either side - Nothing on record to suggest that appointment of local Commissioner would result in..........
Civil Procedure Code, 1908, Order 7, Rule 14(3), 151 -- Production of documents - Document sought to be filed after 20 years - No proper reason assigned by plaintiff as to why he did not file document at the earliest point of time - Leave to file document will not be granted for mere asking - Application rightly rejected...........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11 -- Rejection of plaint - Non-disclosure of cause of action - Suit for recovery of damages for defamation - Simply averring in the plaint that defamatory and derogatory statements have been made would not amount to disclosure of cause of action, particularly when plaint does not disclose any dates on which cause of..........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11 -- Rejection of plaint - Non-disclosure of cause of action - Contents of plaint does not disclose any cause of action whatsoever - Details as mentioned in the plaint were not sufficient for continuation of civil suit - Plaint rejected...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Release of electricity connection - Sought in a suit for mandatory injunction - Theft of electricity - Mere registration of FIR does not amount to any conclusive proof of theft - Electricity being a basic requirement, cannot be deprived to a consumer when allegations qua his being an..........
