Civil Procedure Code, 1908, Order 8, Rule 10 -- Written statement not filed - Defence struck off - Defendant has right to cross-examine plaintiff's witnesses and to address arguments on basis of plaintiffs case - But he has no right to lead evidence of his own...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Dismissal of application by trial Court - Every order passed by trial Court can be challenged in appeal if same has not been challenged in revision - In the instant case, since order of dismissal of application for additional evidence was not challenged in revision as such respondents were well within..........
Civil Procedure Code, 1908, Section 100, Punjab Land Revenue Act, 1887, Section 111 -- Private partition - Concurrent finding of fact - Second appeal - Concurrent finding of fact recorded by both Courts below rejected plea of plaintiff regarding private partition - Said finding of fact is based on proper analysis and appreciation of evidence led by both parties - Held,..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Cannot be allowed at the oral request without there being an application and without giving an opportunity to the opponent party to respond and without there being material in support of the plea - Order allowing additional evidence on the oral request, set aside...........
Civil Procedure Code, 1908, Order 21, Rule 1(b) -- Execution - Execution of sale deed - Payment of the suit amount paid in accordance with O.21.R.1(b) CPC and evidence in writing of J.D. - Execution petition cannot be dismissed - Execution application restored to the file of the Executing. Court...........
Civil Procedure Code, 1908, Order 17, Rule 3 -- Closure of evidence - No witness produced despite three adjournments - No list of witnesses filed - Suit pending since 1983 - After amendment in CPC, instant writ petition filed and same pending since 2004 - Evidence closed by detailed order - Impugned order found just and proper - Upheld. Para 8)..........
Civil Procedure Code, 1908, Order 13, Rule 2 -- Application for taking documents on record - Since evidence of defendant was closed, there was no need to take the documents on record - Application dismissed - Order upheld...........
Civil Procedure Code, 1908, Order 6, Rule 1, Civil Procedure Code, 1908, Order 6, Rule 1 --- Mere pleadings without any evidence has no value...........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17A -- Additional evidence - Permissibility - Plaintiff-petitioner had got the signatures on Will compared from a hand-writing expert who had given an opinion contrary to the version of attesting witness - Thereafter signatures sought to be compared by way of additional evidence - Held, it is an appropriate case where..........
Civil Procedure Code, 1908, Section 9, Evidence Act, 1872, Section 115 -- Jurisdiction of Civil Court - Estoppel - Suit for possession - Defendants themselves have denied relationship of landlord and tenant - Held, they are estopped to say that civil court has no jurisdiction to try the suit...........
