Money suit on basis of agreement -- When suit is not upon a negotiable instrument but upon an agreement, mere proof of its execution does not entail in any presumption regarding consideration or truth of contents - Mere proof of execution of a document does not amount to proof of contents and truth of recitals therein...........
Evidence Act, 1872, Section 61 -- Contents of document - Proof - Mere proof of execution of a document does not amount to proof of contents and truth of recitals therein...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought for description of property which does not appear to be a deliberate error, rather an unintentional inadvertence - Nature of amendment sought would not prejudice defendant in any manner - Neither any new facts are being pleaded nor contents which have been sought to be changed in plaint..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Averments made in plaint will have to be accepted as correct for the purpose of consideration of application U.O.7.R.11 CPC and Courts ought not to go beyond the same and appreciate merits of case while taking into consideration contents of written statement or of application U.O.7.R.11 CPC...........
Evidence Act, 1872, Section 74(2) -- Public document - Certified copy of sale deed can be produced in proof of contents of public document or part of public document which purports to be a copy and can be produced as secondary evidence of public document without laying any foundation - It will only prove contents of original document and not be a proof of execution of..........
Commercial Courts Act, 2015, Section 12A -- Pre-institution mediation - Order granting dispensation of mandatory requirements of pre-institution mediation - No reasoning was assigned by Commercial Court while dispensing with mandatory requirements of application u/s 12-A of the Act - Rather contents of application u/s 12-A of the Act are contrary to reasoning assigned..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - For entertaining a plaint and for rejection of a plaint, contents of averments made/pleaded in plaint are required to be seen and if no cause of action has arisen, then suit can be rejected U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While deciding application U.O.7.R.11 CPC, Court's focus is mainly on contents of plaint...........
Will -- Due execution - Scribe and one of attesting witness examined - DW1 testified in detail, the manner in which testator had signed Will in his presence after understanding contents thereof and that DW1 had signed Will as witness in presence of testator - Similarly, DW3/scribe of Will proved that he had read over contents of Will to testator and after accepting the..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - While considering application U.O.7.R.11 CPC, contents of plaint and documents appended thereto are relevant and it is duty of Court to find out clear right to sue and limitation - If on the basis of averments in plaint, it is manifest that suit is barred by limitation, Court need..........
