Civil Procedure Code, 1908, Order 18, Rule 1 -- Evidence - Right to begin - Expression "unless the defendant admits the facts alleged by plaintiff" as occurring in O.18.R.1 CPC, held to include all facts, averments and allegation or all material facts, averments and allegations in plaint - It is thus, not just enough if defendant admits only some of facts asserted by..........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Evidence - Right to begin - It is not necessary that evidence must always be led by party who has right to begin and on whom lies burden of proof and it is not open to plaintiff to say that though he has right to begin he would rest content with relying upon averments in written statement and would not adduce further..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte interim injunction order - Restraining Muslim husband from re-marrying another cannot be granted, when personal law expressly permits him to have more than one wife at a time...........
Civil Procedure Code, 1908, Order 15, Rule 1, Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 14, Rule 1 -- First hearing of a suit - Meaning - Day fixed for hearing on which Court applies its mind to determine point in controversy between parties in a suit, which ordinarily would be at the time when either issues are determined or evidence..........
Civil Procedure Code, 1908, Order 10, Rule 3, Civil Procedure Code, 1908, Order 14, Rule 1(5) -- Examination of a party - Reducing substance of examination of party in writing - Requires only for ascertaining whether there is any issue in dispute arising between parties from a material proposition of fact or law affirmed by one party and denied by other - Omission to carry..........
Civil Procedure Code, 1908, Order 15, Rule 1, Specific Relief Act, 1963, Section 6 -- Disposal of suit on first hearing - Suit for restoration of possession u/s 6 of S.R Act - Suit property not disputed to be rented out to plaintiff - Defendants admitted that they locked suit premises without taking recourse under law available to them - Suit was preferred within 6 months..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Two views possible - Review cannot be entertained...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Judgment delivered after appreciation of evidence on record - Review seeking to reappreciate the evidence on record on the ground that it was omitted to be adverted to - Not maintainable...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Power of review is very limited and it may be exercised only if there is a mistake or an error apparent on face of record...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Power of review is not to be confused with appellate power - Review petition/application cannot be decided like a regular intra Court appeal, as scope of appeal is much wider than review petition...........
