Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for cancellation of sale deed - Only dispute between parties relating to facts as to whether disputed sale deed was executed by original owner or it was executed by any impostor - Said question is not a question of law but is a question of fact, that can be decided on the basis of evidence adduced by parties,..........
Civil Procedure Code, 1908, Order 17, Rule 2, 3, Hindu Marriage Act, 1955, Section 13(1) -- Divorce - Evidence of wife closed when she failed to produce evidence inspite of grant of eight opportunities and more opportunity was granted subject to payment of costs of Rs.1,000/- - Taking a liberal view that divorce petition be adjudicated on merits in view of serious..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Territorial jurisdiction - Question regarding territorial jurisdiction is always a disputed question of fact which can only be decided on appreciation of evidence of parties - Plaint cannot be rejected at threshold...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Territorial jurisdiction - Issue regarding jurisdiction of Court already framed by Trial Court - Prima facie from the contents of plaint, it cannot be determined that civil Court has no jurisdiction to entertain the suit - Moreover, question regarding territorial jurisdiction is always disputed question..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - After commencement of trial - Immediately after the demarcation report, the prayed for amendment which cannot be held as delayed - No prejudice is going to be caused to Respondent as the evidence is yet to be started in the matter...........
Civil Procedure Code, 1908, Order 6, Rule 16 -- Amendment of plaint - By way of amendment relief of mandatory injunction sought as defendants carried out demolition of the disputed property during pendency of suit - Question as to whether demolition is carried out in the land belonging to plaintiffs or not is a question of fact to be decided on appreciation of evidence to..........
Civil Procedure Code, 1908, Section 80, Specific Relief Act, 1963, Section 34 -- Suit against government - Suit for declaration of possessory right and for recovery of possession - No evidence on record that plaintiff is a landholder or settlement holder in respect of suit land or he was in possession thereof or that in any point of time he was dispossessed by defendants -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Merits of plea not to be tested ordinarily, while considering application for amendment, as same is to be adjudged on the weight of evidence led during trial...........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - Cannot take place of proof - Plea raised in pleadings has to be proved by leading cogent and convincing evidence...........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Plaintiff intends to examine one `S' who had instituted the suit on behalf of the company - Plaintiff intends to lead evidence in rebuttal which he failed to lead in affirmative - Application rightly rejected...........
