Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Earlier suit for permanent injunction and declaration was filed - Subsequent suit for eviction and arrears of rent has no connection with earlier suit - Both the suits are not interlinked in any manner - Application rightly rejected...........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Recall of plaintiff in relation to newly framed issue - Burden of proving the newly framed issue is on defendant - Plaintiffs are not required to give further evidence in respect of same - Moreover, defendant had an opportunity to cross-examine plaintiffs on said issue at the time of their evidence because he..........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Cross-examination of PWs by pendente lite purchaser - Suit for specific performance - No provision which debars pendente lite purchasers from cross-examining PWs - Pendente lite purchasers stepped into shoes of original defendant who has chosen not to contest the suit - Unless the pendente lite purchasers are given..........
Civil Procedure Code, 1908, Order 22, Rule 3, 4 -- (As in P&H), S.96 - Appeal at the instance of a legal representative who failed to get himself substituted on death of a party - There is no abatement of case on account of failure to file an application by the legal representative due to the death of a party - Order dismissing appeal as not maintainable, set aside...........
Civil Procedure Code, 1908, Order 21, Rule 43, 64, 66 -- Execution - DH can proceed against any one of JDs and he is not required to proceed against principal borrower at first instance...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 9 -- Restoration of suit dismissed in default - Counsel for plaintiff on account of death in neighborhood could not appear before Court on the date so fixed - Affidavit in this regard was also submitted by him before Court below - Sufficient cause of absence has been shown by plaintiff - Suit restored to its original..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - No evidence is permissible in absence of pleading...........
Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Late production of documents - Application U.O.8.R.1-A(3) CPC cannot be entertained at the stage of final arguments in the absence of plausible reasons...........
Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Late production of documents - Application filed is bereft of any averment to substantiate which document in question could be said to be relevant - No evidence is permissible in absence of pleading - More so, no reason has been assigned by defendant in application of inordinate delay in seeking permission to produce..........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Affidavit of witnesses - O.18.R.4 CPC does not provide that affidavits of all the witnesses should be filed on one and same date...........
