Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of Plaint - Both parties have lead their evidence - Typographical error - Amendment in question is not proved to be bonafide as there will be vertical change in stand of plaintiff, instead of Northern and Eastern portion of alleged encroachment, now portion will be Northern and Eastern and Western - Total dimensions..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Indian Contract Act, 1872, Section 27 -- Ad interim injunction - Restraint of trade - Allegations that defendants copied data base of plaintiff - However, there is no evidence to remotely indicate that any particular data base of plaintiff is removed or copied by defendants - Fact that defendants approached plaintiff's..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 6, Rule 1 -- Rejection of plaint - At the stage of numbering of suit - Allegation that defendants got executed document deceitfully and fraudulently with malafide intentions - Requires leading of evidence - Court shall not deal with merits of matter at the stage of numbering of suit - Rejection..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 4 -- Temporary injunction - Status quo order - Sustainability - Suit for specific performance and permanent injunction - Entire case of plaintiff based on premise that defendant No.3 was acting on behalf of defendant Nos.1 and 2, when he signed the agreement to sell - However, there is not even a shadow of evidence produced..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Process of Court cannot be utilized for collecting evidence for either of the party - Defendant would be at liberty to adduce substantive evidence to corroborate his line of action during trial - Application rightly dismissed...........
Civil Procedure Code, 1908, Section 107(2), Order 6, Rule 17 -- Amendment of written statement - Appellate court in terms of S.107(2) has same powers as that of Court of original jurisdiction where suit is instituted - Therefore, requirement of law as existed before trial Court can be exercised by lower Appellate Court for procedural compliance - Power of appellate Court..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 7, Rule 11 -- Amendment of written statement - Appeal was at instance of plaintiff - Defendant could not moved application u/O.7.R.11 CPC because at that stage petitioner had no ground to move such application as same was subject matter of some evidence...........
Will -- Not necessary that Will be marked only through an attesting witness - A Will can be marked through a propounder - S.68 Evidence Act does not specifically mention that a Will has to be marked through an attesting witness - Said provision says only with regard to execution as well as attestation and same does not speak about marking of the same. (Civil Procedure..........
Civil Procedure Code, 1908, Order 3, Rule 1, 2 -- Power of attorney holder - Can depose on behalf of plaintiff regarding facts which can be answered more elaborately and with clarity by such power of attorney rather than plaintiff - In such case there will be no prejudice by not producing plaintiff in evidence...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - If additional evidence is essential for just decision of case, it can be allowed at any stage of the suit - There is no hard and fast rule that additional evidence cannot be permitted in any eventuality after closing of evidence by defendant and at the stage of rebuttal evidence...........
