Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Partition suit - Plaintiff claiming that they are in joint possession along with defendants - Contention that plaintiffs are not in joint possession is a question of fact, which will be decided after evidence is let in - Court can collect Court fee at any stage of suit - Application..........
Civil Procedure Code, 1908, Order 13A, Rule 3, Civil Procedure Code, 1908, Order 37 -- Summary judgment - Plaintiff in a summary suit which is converted into commercial suit cannot loose both rights of pronouncement of judgment U.O.37.R.3 CPC as well as seeking summary judgment U.O.13-A CPC...........
Civil Procedure Code, 1908, Order 13A, Rule 3(a) -- Summary judgment - Court not in a position to record a finding with degree of certainty that defendant has no real prospect of successfully defending the claim - Case would not be covered by eventuality of O.13-A.R.3(a) CPC - No case therefore, was made out for City qrCivil Court to pronounce a summary judgment on the..........
Civil Procedure Code, 1908, Order 13A, Rule 7 -- Conditional order U.O.13-A.R.7 CPC - Sine qua non for making a conditional order U.O.13-A.R.7 CPC is arrival of a conclusion by commercial Court that there is a possibility of claim succeeding...........
Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Late production of documents - Court should take a lenient view when application is made for production of document U.O.8.R.1-A(3) CPC...........
Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Late production of documents - Sound reasons were furnished justifying delay for non-production of documents along with written statement - Court should take a lenient view when an application is made for production of documents U.O.8.R.1-A(3) CPC - Plaintiff shall be at liberty to raise all objections regarding..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - Evidence beyond pleading is impermissible...........
Civil Procedure Code, 1908, Section 151, Order 11, Rule 14, 15 -- Production of documents - Neither any reason reflects for delay in filing application, nor it shows how document in question is relevant for disposal of controversy involved in the matter - More so, there is no averment in written statement with regard to subject document - Dismissal of application calls for..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Examination of expert - Plaintiff had availed of a number of opportunities for leading evidence and thereafter closed evidence voluntarily - Discretion exercised by Trial Court in dismissing application, is in a very judicious manner - No interference warranted - Application rightly rejected...........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary party - Partition suit - Sister of plaintiff not arraigned as a party - However, plaintiff stated that his sister had already taken share and also affidavit is filed to that effect - Suit not bad for non-joinder of necessary party...........
