Civil Procedure Code, 1908, Section 11, Evidence Act, 1872, Section 115 -- Res judicata and principle of estoppel - To attract the principle of res judicata or principle of estoppel or to make the observation in previous litigation binding, it is must that either decree is passed in the presence of the person concerned or person concerned accepts the observation and..........
Civil Procedure Code, 1908, Order 6, Rule 16 -- Striking out pleadings - Words like `traitor', `meanness', `ruled the roost', `dominance' and `grabbing mentality'- Order to be deleted by trial Court - Order upheld as the same are completely irrelevant, scandalous, frivolous and vexatious and the same relate to character which is not relevant in view of S.52 of Evidence..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Appointment - Purpose of - Held, purpose of commissions to make local investigations stipulated U.O.26.R.9 of the Code is for the purpose of elucidating any matter in dispute etc. - However, in present case, parties were yet to enter into evidence - Had they led any evidence and had there been any..........
Evidence Act, 1872, Section 61, Civil Procedure Code, 1908, Order 12, Rule 2, Civil Procedure Code, 1908, Order 13, Rule 4 -- Contents of documents - Should be proved either by primary or by secondary evidence - Admission of a document - Amounts to admission of contents but not its truth - Documents having not been produced and marked as required under the Evidence Act..........
Evidence Act, 1872, Section 61, Civil Procedure Code, 1908, Order 12, Rule 2, Civil Procedure Code, 1908, Order 13, Rule 4 -Contents of documents - Should be proved either by primary or by secondary evidence - Admission of a document - Amounts to admission of contents but not its truth - Documents having not been produced and marked as required under the Evidence Act..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Sought after 10 days of filing of suit - Amendment application cannot be decided in the light of worth of the evidence but the same is to be decided as to whether amendment sought is required for resolving the controversy and the stage at which it is sought - Since the amendment is sought just after 10..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Object - Object of the rule is not to allow and give an opportunity to the plaintiff to commence the trial afresh, after he has failed to conduct the first suit filed by him on the basis of evidence which he has filed with due care and diligence and to substantiate his case by fresh evidence...........
Civil Procedure Code, 1908, Order 11, Rule 1, 2 -- Interrogatories - Plea taken in written statement controverted in rejoinder - Interrogatories related to the same set of facts - Once the facts have been asserted and denied then it is for the parties to establish the case by leading evidence - No question of allowing interrogatories - Order rejecting application, upheld...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Plaintiff filed suit challenging sale deed of ancestral property on the grounds that the parties were governed by custom and as per custom vendor had only a life estate and could not sell the property without legal necessity - Suit dismissed on the ground that there was no documentary evidence in support of the..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Sought at the stage when case was fixed for rebuttal evidence and arguments - Merely because there is some delay or some lapse on the part of the petitioner or his counsel in not producing the documents at the initial stage, it is not sufficient reason for dis-allowing the application for additional evidence,..........
