Civil Procedure Code, 1908, Order 13, Rule 9 -- Return of admitted documents - Once documents have served their purpose in litigation and are no longer required by Court, should be returned to their rightful owner and not necessarily to the party who physically submitted the documents in Court...........
Civil Procedure Code, 1908, Order 8, Rule 1, Civil Procedure Code, 1908, Order 7, Rule 11 -- Written statement - has to be filed within prescribed time frame irrespective of whether an application U.O.7.R.11 CPC is considered or not...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Filing of written statement is not a condition precedent for considering an application U.O.7.R.11 CPC - Therefore, it is not permissible for trial Court to dismiss the application on the ground that written statement was not filed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - For consideration of application filed U.O.7.R.11 CPC, only the averments made in the plaint are required to be considered and not that in written statement...........
Civil Procedure Code, 1908, Section 96 -- Composite single appeal - Dismissal of suit and decreeing counter claim - When both the civil suit and counter-claim was decreed by a common judgment, regardless of whether a separate decree has been prepared in the counter claim, both would be required to be challenged by separate appeals - Composite single appeal dismissed being..........
Legal Services Authorities Act, 1987, Section 21(2), Civil Procedure Code, 1908, Section 152 -- Lok Adalat Award - Misdescription of property - Amendment/correction of description of property - Petitioner to move trial Court and Lok Adalat for amendment in property description and trial Court and Lok Adalat will suitably amend the description of property...........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Production of documents - Documents sought to be produced by parties must be those documents which they seek to sue or rely upon...........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Production of documents - Documents sought to be produced is the affidavit in evidence of respondent's son in another trial - However, necessary pleading is not available in the plaint with regard to affidavit in evidence or contents thereof - Petitioner can use the evidence on affidavit during course of cross-examination..........
Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Money decree - DH filed income tax returns of JDs, which shows that they have requisite means and are intentionally evading to pay decretal amount - However, this aspect was not considered by trial Court - Trial Court directed to re-examine about means of JDs for non-payment of decreetal amount...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Only because civil remedy was available to informant, that itself cannot be a ground to quash criminal proceedings...........
