Civil Procedure Code, 1908, Order 41, Rule 3A -- Appeal - Condonation of delay - Application for condoning delay can be filed subsequent to filing of memo of appeal...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Where appointment of a Local Commissioner is sought solely for the purpose of collecting evidence, such an appointment is impermissible and ought to be disallowed...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - For existing status of property on the spot and not for the purpose of collecting evidence - Existing physical status of suit property as it stood at the time of filing of suit as well as on today is indeed relevant and necessary for just and effective adjudication of issues involved -..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - A document or statement recorded in another proceeding unless duly exhibited and proved as admissible evidence during the trial of civil suit in accordance with law of evidence, cannot ipso facto constitute an admission that is conclusive and dispensatory of requirement of proof U.O.12.R.6 CPC - Such..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Object of provision U.O.12.R.6 CPC is to enable a Court to pronounce judgment based on admissions that are so unequivocal, unambiguous, unconditional and express that they render any further detailed adjudication in the matter wholly unnecessary and superfluous - This power being in the nature of an..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Court before invoking provision U.O.12.R.6 CPC, must be satisfied beyond cavil that admission is of a conclusive nature and does not hinge upon proof or disproof of any other collateral fact in issue...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Oral or documentary admission not forming part of formal mechanism provided by O.12.Rr.3A, 4, 5 CPC or pleadings, must, at the very least, be duly proved as evidence in accordance with Evidence Act and satisfy the rigorous test of conclusiveness before it can become bedrock for a decree U.O.12.R.6 CPC...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Where the party whose statement is relied upon disputes alleged admission and seeks to explain attendant circumstances or the reasons behind such statement, same can only be examined and evaluated during the course of a trial...........
Civil Procedure Code, 1908, Order 12, Rule 6, Evidence Act, 1872, Section 58 -- Judgment on admission - If there exists an objection, denial or a plea of explanation by party purportedly making the admission, statement cannot be treated as an admission in law sufficient enough to pass a decree under provision of O.12.R.6 CPC or S.58 of Evidence Act - Such disputed..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Where a fact is disputed/objected/controverted, its truth or falsity can only be conclusively determined after trial - Procedural mechanism therefore, safeguards against prematurely treating disputed statements or alleged admissions as binding, ensuring that civil process is not stifled on the basis of..........
