Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Commencement of proceedings - Filing of an affidavit in lieu of examination-in-chief of witness would amount to commencement of proceeding and trial is deemed to commence when issues are framed and case is set down for recording of evidence...........
Hindu Marriage Act, 1955, Section 24, 25, 26, 27, Civil Procedure Code, 1908, Order 19, Rule 1 -- Maintenance - Affidavit - If a party made concealment or false statement in his/her affidavit, opposite party shall disclose the particulars of the same in his/her response on affidavit along with the material to show concealment or false statement - Aggrieved party may also..........
Civil Procedure Code, 1908, Order 9, Rule 7, Civil Procedure Code, 1908, Order 17, Rule 3 -- Dismissal of suit for default - Maintainability - Suit for specific performance - There is a clear distinction between dismissal of suit for default and dismissing suit for other kinds of default - If the suit is dismissed for default then application to set aside will be filed..........
Civil Procedure Code, 1908, Section 96(2), Order 43, Rule 1(d), Limitation Act, 1963, Section 5 -- Appeal - Delay of more than 11 years in filing appeal - Condonation of delay - Cause shown in affidavit supporting delay condonation application not only bereft of material particulars but also vague - No reasons assigned by defendants for delay in filing appeal - More so,..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment in written statement - Delay in filing application - Petitioner took plea that she was unaware about the mutation recorded in favour of defendant - Petitioner is wrong to say that she was not aware of the mutation because said mutation was already produced on record by way of additional evidence - Averments made in..........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Restoration of suit - Sufficient cause of non appearance - Neither petitioner nor his advocate filed affidavit disclosing reason for not appearing at the time when case was called for hearing - Advocate refused to give his affidavit - Although reason was assigned that he was suffering from jaundice and typhoid but no medical..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Plea that petitioner resides outside territorial jurisdiction of Magistrate and Magistrate failed to comply with the mandatory provision of S.202 Cr.P.C. at the time of issuance of process - Matter is at the stage of cross-examination of complainant whose..........
Civil Procedure Code, 1908, Order 19, Rule 1, 2 -- Affidavit - Cross-examination of deponent - Permissibility - If facts warrant Court may permit cross-examination of deponent to ascertain the truth of averments therein - But party seeking cross-examination of deponent must disclose bona fide reasons for the same - Court is under an obligation to pass an appropriate order..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Since the report of valuer is already on record and affidavit of valuer has been filed as such there is no justification in summoning any other report by issuing commission U.O.26.R.9 CPC - Sine qua non for issuing a Commission to ascertain the market value in terms of provisions of O.26.R.9 CPC has not..........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Exhibits - Prayer for deletion of exhibits - DW2 not a party to suit was summoned by Court - DW2 produced proof affidavit along with documents after giving copy of affidavit along with details of documents to plaintiff's counsel - At the time of examining DW2 plaintiff and his counsel not appeared and no reasons given for the..........
