Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Commencement of trial - Trial commences only when first witness enters the witness box and confirms the contents and signature etc. in its evidence in affidavit...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Commencement of trial - No witness has yet been examined - Findings of trial Court that amendment cannot be allowed, as same was filed after commencement of trial not sustainable - Observation of trial Court that pleadings in plaint sufficient to determine the question in controversy is without any basis..........
Civil Procedure Code, 1908, Order 13, Rule 1(3) -- Cross examination of the witness - Provision of O.13.R.1(3) CPC would apply when witness of the party is being cross examined and not when the party i.e. plaintiff or defendant, as the case may be, is being cross examined. (2014(Suppl.) Civil Court Cases 311 (Rajasthan) followed...........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issues - Suit was filed in the year 2011 and issues were framed after hearing of parties - No new/additional issue can be framed now, as Court has already framed the issues pertaining to all relevant aspects of case, documents and pleading of parties - Application filed only to prolong and delay the..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of intervenor - Suit for specific performance - Respondent purchased the share of defendant and got valid and legal title of suit property - He is thus, a necessary and proper party to suit - Application for impleadment of respondent rightly allowed...........
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99, 100, 101 -- Execution - No resistance was offered by any purported stranger/encroacher to decree - In the absence of such resistance, executing Court had no occasion to invoke O.21.Rr.97 to 101 CPC at the instance of DH or otherwise...........
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99, 100, 101 -- Execution - D.H. loosing possession - Execution petition cannot be dismissed by treating decree to be inexecutable - Rather Executing Court has to issue warrant of possession for delivery of possession and if any resistance is offered by any stranger to the decree, same is to be adjudicated upon in..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by law - Suit for partition and permanent injunction - It is not open for plaintiff to claim property to be ancestral during lifetime of his father and to have share in it - Suit is barred by law - Plaint rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11, Representation of the Peoples Act, 1951, Section 83(1)(c) -- Rejection of election petition - Plea of non-compliance of S.83 of Representation of People Act - Election petition contained an affidavit and also a verification - There is thus, substantial compliance of S.83 of Representation of People Act - Moreover, requirement..........
Civil Procedure Code, 1908, Order 16, Rule 1(2) -- Summoning of witness - Suit for declaration of title - All material evidence to decide the title of both the parties is very much essential - Serious dispute about tampering of revenue record basing on which defendant sets up title - Record sought to be summoned and evidence of Tehsildar are very much vital - Order..........
