Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Admission not clear and categorical - Decree only on the basis of admission without considering defense, set aside - Matter remitted to trial Court to decide suit expeditiously after affording opportunity to parties to lead evidence...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Power U.O.12.R.6 CPC is discretionary and cannot be claimed as a matter of right...........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Substitution of L.R's - Two independent proceedings - It cannot be said that substitution application filed in one proceeding is sufficient and only formal application is required in other proceeding - Substitution application not properly filed and Court in place of taking liberal view, took a arbitrary view which cannot be..........
Civil Procedure Code, 1908, Order 9, Rule 8 -- Plaintiff not present - If plaintiff or his counsel not present suit can only be dismissed for non prosecution and cannot be decided on merits...........
Civil Procedure Code, 1908, Section 100, Order 9, Rule 9 -- Second appeal - Order passed U.O.9.R.9 CPC do not have trappings of decree - Second appeal u/s 100 CPC held, not maintainable...........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Production of documents - Document sought to be produced on record is report of handwriting expert - Once Court has dismissed the application u/s 45 of Evidence Act, Court cannot permit a document to be placed on record, which is obtained by a party, relating to same issue for which earlier prayer has been made and..........
Civil Procedure Code, 1908, Order 6, Rule 18 -- Amended plaint - O.6.R.18 CPC gives outer limit of 14 days to comply with the order of amendment - If same is not complied with, Court has liberty to extend the time in a given case and such discretion given to Court is to be exercised by considering the relevant fact...........
Civil Procedure Code, 1908, Order 6, Rule 18 -- Amended plaint - Condition to pay Court fee not complied with - Plaintiff failed to make prayer for extension of time - On the contrary, defendants asked for deletion of amendment which was sought by plaintiff - Court rightly allowed the application - High Court declined to extend the period as order of paying Court fee..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for cancellation of sale deed - Amendment sought to incorporate relief of specific performance - Amendment sought by plaintiffs not barred by limitation, as when plaintiffs came to know about sale of suit property they filed suit in 2009 and application filed in 2012 is within three years of..........
Civil Procedure Code, 1908, Section 96 -- First appeal - Permission sought to file single appeal against two decrees drawn in a consolidation of two suits - Appeal decided on preliminary objection without deciding application - Serious prejudice caused to appellant - Impugned order set aside - Matter remitted - High Court to decide application prior to deciding preliminary..........
