Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Once the counsel had withdrawn his Vakalatnama, in normal course, trial Court ought to have issued notice to defendants to engage another counsel - However, trial Court committed error by proceeding ex parte...........
Civil Procedure Code, 1908, Order 17, Rule 2 -- Explanation - Phrases `Any party' and `such party' - `Any party' refers to the party which has led evidence or substantial evidence and `such party' refers to that very party which has led evidence or substantial evidence - U.O.17.R.2 CPC Court would proceed to pass orders with respect to any of the parties being absent or..........
Civil Procedure Code, 1908, Order 17, Rule 2 -- Explanation - Defendant has not led any evidence at all - Explanation could not be invoked as against defendant...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 17, Rule 2 -- Ex parte decree - Setting aside - Suit was at the stage of plaintiffs evidence - Evidence of defendants had not even started - O.17.R.2 Explanation CPC could not be invoked by High Court and based upon it holding that an application U.O.9.R.13 CPC would not be maintainable, as..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Where additional evidence sought to be adduced removes cloud of doubt over the case and evidence has a direct and important bearing on the main issue in the suit, such application may be allowed - It depends upon whether appellate Court requires evidence sought to be adduced to enable..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Partition suit - Defendant in spite of due diligence could not produce these documents before trial Court - Had these documents were placed before trial Court, it would arrive at a just conclusion on main issue of plaintiff's share in suit property - Appellate Court would require this..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Proposed amendment was contradictory to stand taken by plaintiffs in the plaint - Amendment would cause prejudice to defendants which cannot be compensated in costs - More so, it would displace existing cause of action - Amendment is thus, not necessary - Application rightly rejected...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Pendency of proceedings u/s 14 of Insolvency and Bankruptcy Code (IBC) does not bar the proceedings u/s 138 of N.I Act, as proceedings under IBC are civil in nature and proceedings u/s 138 of N.I. Act are criminal in nature...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Amendment once allowed and taken on record, reengaging with the same fact by taking subsequent events of change would be futile attempt which caused unnecessary delay in litigation, same cannot be allowed...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Not a boundary dispute - Demarcation in respect of suit property was already conducted - Unless demarcation order once passed in accordance with provisions of Land Revenue Act is set aside or there are allegations of encroachment or change of boundaries after previous demarcation, fresh..........
