Civil Procedure Code, 1908, Order 13, Rule 1, 2, Civil Procedure Code, 1908, Order 8, Rule 1 -- Belated production of documents - Documents not filed at the time of filing written statement or before settlement of issues - Documents listed in the written statement - Delay to be explained by good and sufficient reason - However, vital and important documents which are..........
Civil Procedure Code, 1908, Order 10, Rule 1 -- Examination of party - Court can ascertain from each of the parties or his pleader, at the first hearing whether he admits or denies such of those allegations of fact made in the pleadings of the other party, which were not expressly or by necessary implication admitted or denied by him - Court can resort to the provision..........
Suit for specific performance -- Question as to whether Court can direct a plaintiff in a suit for specific performance (or any other suit) to file an undertaking that in the event of not succeeding in the suit, he shall pay Rs.25 lakhs (or any other sum) by way of damages to the defendant - Held, No - The reasons being (i) Every person has a right to approach a Court of..........
Suit for specific performance -- Question as to whether Court can direct a plaintiff in a suit for specific performance (or any other suit) to file an undertaking that in the event of not succeeding in the suit, he shall pay Rs.25 lakhs (or any other sum) by way of damages to the defendant - Held, No - The reasons being (i) Every person has a right to approach a Court of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - To introduce counter claim - Issues framed and order passed for cross examination of witnesses of plaintiff - Proviso to O.6.R.17 CPC puts an embargo on exercise of power to allow amendment after trial has commenced - Application dismissed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - At appellate stage - Amendment sought explanatory in nature - Not causing any prejudice to the plaintiff - Delay not a ground to reject the application - No error in allowing amendment at the appellate stage - As for as amendment concerning resiling from the statement made by a witness in cross..........
Evidence Act, 1872, Section 114 -- Plaintiff not entering the witness box as its own witness - No onus cast on plaintiff - Admitted facts need not be proved - Oral evidence of PW1 sister-in-law of plaintiff is sufficient who is well acquainted with the facts of the case - Held, case of plaintiff not affected in any way for his non examination...........
Will -- Execution - Proof - One attesting witness examined and he only admitted his signatures on the Will - In cross examination he admitted that he never visited the place where Will was executed - Scribe did not produce any scribe register to prove the presence of the witnesses or the executant at the time of registration of the Will - Plaintiff failed to prove due..........
Punjab Police Rules -- Gravest of misconduct - Punishment - Dismissal - The certificate allegedly submitted by the plaintiff/respondent of Middle Standard Examination was found to be forged - Criminal case could have been registered against him - He could not be dismissed from service as per the provisions of Rule 16.2 of the Rules for such misconduct relating to the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Proposed amendment within knowledge at the time of filing of written statement - Amendment if allowed will change nature of suit - Amendment sought after examination and cross examination of plaintiff was over - Order rejecting application, upheld...........
