Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of PW1 for further cross-examination - Defendant failed to convince Court with any valid and sufficient reason that Court may exercise its discretion to recall PW1 or permit fresh evidence - Application filed after hearing the arguments is not bonafide, bereft of reasons and without any justification - Application..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections to draft sale deed - Time to file objections is given to JD but no objections to draft sale deed was filed - No sufficient cause/valid reasons for JD/petitioner to seek further extension of time for filing objections to draft sale deed - Delay tactics adopted by JD is proverbial - Objections rightly rejected...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Survey Knowing Pleader Commissioner - When there is dispute over boundary and possession over suit land, Court could not order for appointment of Survey Knowing Pleader Commissioner, as Commissioner could not be appointed to collect evidence on behalf of parties - Application rightly rejected...........
Civil Procedure Code, 1908, Section 51(c), Order 21, Rule 21, 30 -- Execution - Money decree - There is no bar in law to proceed simultaneously against the person and property of JD in execution of a decree...........
Civil Procedure Code, 1908, Order 21, Rule 40(1) -- Execution - Arrest warrant - Order U.O.21.R.40 CPC passed without assigning any reasons and without considering any of contentions of JD - Cryptic order is passed which reveals total lack of reasoning and therefore, same is a non-speaking order, hence set aside...........
Civil Procedure Code, 1908, Order 16, Rule 10 -- Witness - Non appearance - Where a witness fails to comply with summons of Court and evidence of said witness is material, then in such a situation, Court is required to take coercive steps including issuance of warrants, moreso when party leading its evidence has done all that is in their hand for summoning them through the..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend - Relationship between petitioner as erstwhile tenant and landlord not in dispute - Fixation of fair rent confirmed upto Apex Court - Hence, for recovery of fair rent, suit is filed which needs no further deliberation - Leave to defend rightly rejected...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Non-framing of substantial question of law - Act of finally hearing of second appeal without framing of substantial question of law is itself illegal...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Non-framing of substantial question of law - Nothing on record to show that High Court formulated substantial questions of law and gave an opportunity to parties to argue on the basis of those substantial questions of law - Procedure followed by High Court is completely illegal and contrary to S.100 CPC - Impugned..........
Civil Procedure Code, 1908, Order 13, Rule 3 -- Marking of a document - Mere marking of document would not dilute the rigours of either S.17 or S.49 of Registration Act and also that document is insufficiently stamped...........
