Civil Procedure Code, 1908, Order 6, Rule 1, 2 --- Inconsistent pleas - Plaintiff not permitted to take inconsistent pleas - However, defendant may take inconsistent pleas...........
Civil Procedure Code, 1908, Order 6, Rule 1, Civil Procedure Code, 1908, Order 6, Rule 1 --- Mere pleadings without any evidence has no value...........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 --- Pleadings - When party does not appears in witness-box, averments made by such party has no value...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading a party - Suit for specific performance - Part of suit land already sold - Impleading of subsequent purchaser - Subsequent purchaser not a party to the agreement who is stranger to the contract - Subsequent purchaser if impleaded scope of suit will be enlarged from specific performance of contract to suit for..........
Civil Procedure Code, 1908, Order 7, Rule 14, Civil Procedure Code, 1908, Section , Order 8, Rule 1-A(3) -- Late production of documents - Documents which ought to be produced with the pleadings may be filed later on, but with the leave of the Court - Court to take liberal view in granting leave for late production of documents...........
Civil Procedure Code, 1908, Section 100, Order 1, Rule 9,13 -- Second appeal - Non-joinder of necessary parties - Suit for Partition - Defect of non-joinder of necessary parties cannot be cured by impleading them in appeal and is fatal to suit for partition...........
Civil Procedure Code, 1908, Order 2, Rule 1, 2 -- Common cause of action - Different relief - Splitting of - Not permissible - Whether a plaintiff in a suit filed for perpetual injunction can file another suit on the same facts, against the same party, for damages? - Held, it is not uncommon that same cause of action would give rise to right to claim different relief -..........
Civil Procedure Code, 1908, Order 6, Rule 1 -- Pleadings - Plea of fraud - Held, it is to be specifically pleaded and proved by adducing cogent, reliable and trustworthy evidence...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Grant of - Power Grid Corporation - Erection of electric towers on private property - Held, electricity is necessary for national development as well as for welfare of citizens - This can happen only if electricity generated at one part is transmitted to that part where it is needed - Transmission is..........
Civil Procedure Code, 1908, Order 11, Rule 1 -- Interrogatories - Evidence of plaintiffs already concluded - Alleged interrogatories sought to be answered by plaintiffs were furnished by defendant when case was fixed for their evidence - Held, though interrogatories can be sought at any time but same has to be bona fide and without any delay - In this case, no explanation..........
