Civil Procedure Code, 1908, Order 7, Rule 14, Civil Procedure Code, 1908, Order 8, Rule 1-A, Civil Procedure Code, 1908, Order 13, Rule 1 -- Late production of documents - Any document which ought to have been produced along with the plaint or written statement, if not produced, can be produced with the leave of the Court at the subsequent stage at the time of hearing -..........
Civil Procedure Code, 1908, Order 22, Rule 5 -- Claim on the basis of Will - Two issues, namely, the status of appellant and whether she would claim to be a legal representative along with the question as to whether the Will propounded by the appellant is legal and valid and how far the same could be relied upon - Disputes questions of fact cannot be decided without..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Order of status quo - Dispute as to which party is in possession - Question as to whether family settlement is a forged one or not is a matter of evidence - Criminal cases pending between the parties - By passing order of status quo trial Court has also ensured that no untoward incident occurs..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Sought after commencement of trial - Failure to prove that in spite of due diligence the pleading sought to be added in the written statement by way of amendment could not be raised at the time of commencement of trial and once the defendant did not led any evidence even on merits, no purpose..........
Civil Procedure Code, 1908, Section 100 -- Concurrent findings of facts - Interference with - Second appeal - As per counsel for appellants findings of facts have been wrongly arrived by Courts below - He has not disputed that said findings are based on appreciation of facts and evidences on record - Held, findings of facts arrived at by two Courts of fact are binding on..........
Civil Procedure Code, 1908, Order 41, Rule 24, 5 -- Suit for declaration and permanent injunction - Suit dismissed - Appellate court remitted the case back to the trial court on the ground that trial court decided issue No.1 in six lines and issue No.6 in just nine lines - Held, if there is a sufficient evidence on record, then it was for the first Appellate Court to..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - While allowing amendment of written statement Court directed that cross examination of plaintiff made by defendants Nos.16 & 17 be not read in evidence since defendants Nos.16 & 17 have been deleted by the Court from the array of parties - Trial Court committed an error - Once the trial Court..........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Evidence beyond pleadings cannot be looked into...........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Pleading - Every pleading shall contain, and contain only, a statement in a concise form of the material facts on which the party pleading relies for his claim or defence, as the case may be, but not the evidence by which they are to be proved...........
Civil Procedure Code, 1908, Order 3, Rule 1, 2 -- Power of attorney holder - Evidence of attorney is admissible - O.3.Rr.1 and 2 CPC empowers the holder of power of attorney to act on behalf of the principal - This power confines only in respect of acts done by a power of attorney holder in exercise of power granted by the instrument - If the power of attorney holder has..........
