Civil Procedure Code, 1908, Order 18, Rule 3-A -- Plaintiff as its own witness to appear before examining other witnesses - Provision of O.18.R.3-A CPC is directory and not mandatory - However, in all cases its non observance should not lead to the extreme penalty of expunging the evidence already recorded...........
Civil Procedure Code, 1908, Order 17, Rule 3, Civil Procedure Code, 1908, Order 41, Rule 27 -- Closure of evidence - Sufficient and many opportunities given to plaintiff to lead evidence - Plaintiff failed to discharge its obligation to prove its case - Even list of witnesses not filed within prescribed time - Even effort not made to produce the documents before Appellate..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Subsequent event - Eviction petition - One room has become available to the landlord and that necessity of landlord can be fulfilled by that room - Subsequent event cannot be denied to be brought on record - Held, whether or not the room has become available to the landlord and if available..........
Industrial Disputes Act, 1947, Section 2(s) , 10 -- Civil Procedure Code, 1908, Order 14 Rule 2 - Domestic inquiry - Termination - Preliminary issue - Workman - Issue No. 3 with regard to the validity of two enquiries had already been treated as a preliminary issue and decided against the respondent/Management - After a lapse of about eight years the application filed by..........
Civil Procedure Code, 1908, Order 18, Rule 18 -- Court inspection - Court can undertake inspection only if there is some confusion created by the evidence already adduced - Merely for the reason that Court has prepared inspection note the evidence of expert witness cannot be said to be not looked upon - Court cannot base its judgment solely on the basis of inspection note..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Question of limitation - Suit for title and possession - Limitation does not commence unless there had been a clear and unequivocal threat to the right claimed by plaintiff which can only be decided when an issue is framed and parties lead evidence - Application U.O.7.R.11(d) is not maintainable...........
Fatal Accidents Act, 1855, Section 1(a) -- Torts - Criminal Procedure Code, 1973, Section 340 - Damages -Suit for damages vis-`-vis proceedings u/s 340 Cr.P.C - Distinction - Suit for damages is civil remedy for claiming monetary compensation for the wrong done - Proceedings u/s 340 are criminal proceedings initiated by the Court for giving false evidence - No monetary..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence in second appeal - To produce pedigree table and revenue record - Facts to be established by way of additional evidence not pleaded - Additional evidence can not be permitted...........
Civil Procedure Code, 1908, Order 23, Rule 1, 3 -- Permission to withdraw suit - Second Appeal - Rights in property claimed on the basis of natural succession - Defendants claimed property on the basis of will - Suit dismissed - Second Appeal - Application by Plaintiff/Appellant to withdraw suit with a permission to file fresh on same cause of action raising the plea that..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - O.41.R.27 Clauses (a), (aa) and (b) refer to three different situations - Power of the appellate court to pass any order thereunder is limited - For exercising its jurisdiction thereunder, the appellate Court must arrive at a finding that one or the other conditions enumerated..........
