Civil Procedure Code, 1908, Section 11, Order 2, Rule 2 -- Register of suits - Certified copy - Admissibility in evidence - Plaintiff filed suit specifically challenging decree dated 16.11.1966 with the plea that no decree dated 16.11.1966 or the original Will on the basis of which the said decree is alleged to have been passed is available - Loss of decree held apparent -..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Suit fixed for evidence of defendant - Defendant or his counsel absent - Defendant proceeded exparte and case posted for judgment - On that day application U.O.9.R.7 CPC filed - Application dismissed and exparte decree passed - Held, it is not a decree on merits - Application U.O.9.R.13 CPC is maintainable...........
Civil Procedure Code, 1908, Section 96 -- Appellate Court - Power to record finding of facts - Finding arrived at by relying upon evidence not produced on the file - All relevant documents though available not filed during course of trial of agreement to sell - No material to show that property in question had fallen to share of vendor, first defendant, is perverse...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Original agreement to sell not filed alongwith plaint - Application for leading secondary evidence an after thought as defendant in the written statement denied the existence of the agreement and thereafter plea of loss set up and photocopy sought to be proved - Very existence and loss of original agreement to sell not..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Defendant who has not filed written statement but is appearing Court cannot be proceeded ex parte - He can cross examine plaintiff's witnesses but such defendant cannot be allowed to lead evidence of his own - Cross examination should be limited to point out the falsity or weakness of plaintiff's case but in cross examination..........
Specific Relief Act, 1963, Section 19(b), 20 -- Agreement to sell - Suit for specific performance - Subsequent transferee purchased property for value, in good faith and without notice of earlier contract - When such statement is made in Court then burden shifts upon plaintiff to lead rebuttal evidence - No averment in plaint as to subsequent purchaser having knowledge of..........
Limitation Act, 1963, Article 64, 65 -- Suit for declaration and possession filed in 1955 - Defendant alleged to have taken forcible possession in 1949 - Defendants however claimed to be in possession since 1928 - Courts below found plaintiff to be owner but had lost title as defendants had perfected their title by adverse possession - No evidence that predecessors of..........
Civil Procedure Code, 1908, Section 10 -- Stay of proceedings of subsequently filed suit - Proceeding with hearing of case without revocation of stay order - Validity - Cross suit filed by parties regarding validity of Wills executed by deceased - Later suit by plaintiff trust filed stayed under S.10 - Date fixed for evidence in earlier suit - Advocate plead no instruction..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Permissibility of examination of defendant as party - Proof affidavit filed by second defendant in suit - First defendant himself as Power of Attorney Agent of second defendant has adduced evidence as witness - Thumb impression expert had also been examined as no, party witness - Thereafter second defendant cannot examine..........
Civil Procedure Code, 1908, Order 8, Rule 1A(3), Civil Procedure Code, 1908, Order 13, Rule 1 -- (As inserted by Amending Act of 2002) - Permission to produce documents by the defendant - Written statement filed before amendment of O.8.R.1A(3) - Documents sought to be produced by defendants were not in his knowledge and possession at time of presentation of written..........
