Civil Procedure Code, 1908, Order 8, Rule 5(2) -- Written statement - Not filed within time - Court has two options, (i) to pronounce judgment taking the facts pleaded in the plaint as uncontroverted and true; (ii) if the Court feels that its conscience would be clear if plaintiff was asked to prove those facts, it could exercise second option of asking the plaintiff to do..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Examination of handwriting and finger print expert - Allowed by trial Court - His report produced and his examination-in-chief recorded - Defendant granted an opportunity to cross examine handwriting and finger print expert and defendant to lead further evidence to counter the evidence of handwriting and..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Process server was disclosed that defendant is serving in Delhi police - However, no attempt made by plaintiff to serve defendant at his office address - Ex parte decree rightly set aside...........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Admissibility of document - Objection as to admissibility of document should be taken at the time of tendering and exhibiting those documents - Since those objections were not raised, objection cannot be entertained or recorded at subsequent stage of suit...........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Admissibility of document - Objection as to admissibility of document should be taken at the time of tendering and exhibiting those documents - Since those objections were not raised, objection cannot be entertained or recorded at subsequent stage of suit...........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Admissibility of document - Objection as to - Agreements marked are though unregistered lease deed, however, same are admissible for collateral purpose in view of S.49 Proviso of Registration Act - Moreover, these agreements are not inherently inadmissible - Objection rejected...........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Admissibility of document - Objection as to - Agreements marked are though unregistered lease deed, however, same are admissible for collateral purpose in view of S.49 Proviso of Registration Act - Moreover, these agreements are not inherently inadmissible - Objection rejected...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration and permanent injunction - Petitioner wants to be added as a party in the suit due to stay entry incorporated in revenue record - No relief sought against petitioner by plaintiff - Stay order is passed against defendant which have no impact upon petitioner - Even otherwise,..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration of ownership - Amendment sought to introduce a prayer to exercise right of pre-emption - However, when right of pre-emption is not permissible under law to be exercised by plaintiff in the facts and circumstances of the case, amendment to that effect should not be allowed -..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - At the stage of rebuttal evidence plaintiff seeking demarcation of land - Plea that application is not for leading evidence in rebuttal is only for demarcation of land - Merely by changing nomenclature, prayer in the application cannot be ignored - Application rightly rejected...........
