Civil Procedure Code, 1908, Order 18, Rule 17-A -- Additional evidence sought to be produced certified copies of judgments which are public documents - Certified copies obtained well before the date on which suit filed - No reason forthcoming why these documents could not be produced at the time when plaintiff leading his evidence - Only conclusion which can be drawn is..........
Civil Procedure Code, 1908, Order 18, Rule 17-A -- Additional evidence to produce certified copies of plaint, written statement and memo of issues in earlier suit to substantiate plea regarding suit being barred under Order 2 Rule 2 - Case at final stage of arguments - Documents within knowledge of party - No sufficient cause shown for not producing these documents at..........
Civil Procedure Code, 1908, Order 12, Rule 4 -- Application for admission or denial of facts - Cannot be filed later than 9 days before date fixed for hearing - Application if allowed to be filed at any stage of proceedings - Whole purpose of Order 12 Rule 4 would be frustrated - Plaintiff failed to produce evidence for about 3 years - On a date fixed for plaintiff's..........
Civil Procedure Code, 1908, Order 9, Rule 2 -- Penal provisions - Can be brought into play only if interest of justice tilting in favour of opposite party - Process Fee and Registered Covers put in several times for service upon opposite party Shows that party not recalcitrant or negligent - Dismissal under Order 9 Rule 2 for want of deposit of Process Fee and Registered..........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 3, 3 -- A-Application to recall order passed on compromise on allegations of fraud and misrepresentation - Not within purview of Section 151 to examine merit and demerit of rival contentions - Compromise entered into by committing fraud or misrepresentation is a voidable act and not void ab initio - Till these..........
Civil Procedure Code, 1908, Order 39, Rule 3 -- Proviso - Compliance with requirement of Rule 3 read with proviso viz. recording of reasons and direction to the applicant to supply copies of application, affidavit, plaint and documents relied on to the other side - Mandatory - Order passed without complying with such mandatory requirements - Not legal and liable to be set..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Cause of action of injunction suit totally different and independent from suit for possession by way of specific performance - Earlier suit for injunction to restrain defendant from alienating suit property and subsequent suit for specific performance - Withdrawal of suit for injunction after filing of suit for specific..........
Punjab Land Revenue Act, Section 34, 35, 36, 37 -- Mutation - Death of some of the applicants during pendency of proceedings - Legal requirement to implead legal representatives of dead persons before Assistant Collector - Civil Procedure Code, Order 22 Rule 3...........
Specific Relief Act, Section 16(c) -- Readiness and willingness - Section 16(c) does not require any specific phraseology - Plaintiff must aver that he has performed or has always been and is willing to perform his part of contract - Compliance of 'readiness and willingness' - Has to be in spirit and substance and not in letter and form - Insistence on a mechanical..........
Civil Procedure Code, 1908, Order 20, Rule 6 -- A and Order 34 Rule 5 - Relief granted stated clearly and in definite terms in last paragraph of judgment - Order expressing the view that last paragraph of judgment amounts to a final decree - Upheld...........
