Civil Procedure Code, 1908, Order 8, Rule 10 -- Written statement - Omission to file - Decree cannot be passed merely for the reason that defendant has failed to file written statement - Court can direct party presenting plaint to adduce evidence in support of his case - Judgment must be based on such evidence brought on record and should contain concise statement of case,..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - First application withdrawn - Second application - Suit for declaration that marriage between plaintiff and defendant is null and void - Allegation that father of wife had given him wrong information that date of birth of wife is 22.9.71 whereas according to School certificate actual date of birth is..........
Civil Procedure Code, 1908, Order 21, Rule 37 -- Money decree - Execution - Arrest and detention of J.D. - Means of J.D. - Property which is exempt from attachment is to be left out - Burden lies on D.H. to show that the property which is said to constitute means alleged to be possessed by J.D. is not of the kind which is not liable for attachment. (Evidence Act, 1872,..........
Civil Procedure Code, 1908, Order 21, Rule 102, 98(2) -- Suit for possession - Execution - Objection by a person who purchased the property during pendency of suit - Any order or decree passed against transferor binds the transferee pendente lite - Applicant is not entitled to any relief - An inquiry would be an exercise in futility in view of the pleadings and it is not..........
Civil Procedure Code, 1908, Order 18, Rule 17-A, Civil Procedure Code, 1908, Order 18, Rule 2(4) -- Evidence closed by order - Repeated adjournments granted to produce evidence - Last opportunity granted - Even conditional costs not paid - Held, provisions of O.18.R.2(4) and O.18.R.17-A do not apply to a case when evidence is closed by order...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Bona fide requirement - Does not give rise to any substantial question of law - High Court in second appeal cannot reverse concurrent finding of Courts below by re-appreciating evidence...........
Rent and Eviction -- Bona fide requirement - Concurrent finding - High Court in second appeal cannot reverse the finding by re-appreciating evidence - Bona fide requirement of landlord does not give rise to any substantial question of law. (Civil Procedure Code, 1908, S.100)..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - High Court cannot substitute its opinion for the opinion of the fist appellate Court unless it is found that the conclusions drawn by the lower appellate Court were erroneous being contrary to the mandatory provisions of law applicable or its settled position on the basis of pronouncements made by the Apex Court,..........
Civil Procedure Code, 1908, Section 35B -- Evidence not produced - Costs imposed and one adjournment granted - On the adjourned date neither evidence produced not costs paid - Evidence closed - Before imposing costs Court should give a finding that the plaintiff was causing delay in the disposal of the suit - As no such finding was given as such order of trial Court..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Concurrent findings of fact - High Court not to interfere except in cases where it is found that the Courts below ignored the weight of preponderating circumstances and allowed the judgments to be influenced by inconsequential matters, where the concurrent findings of facts are vitiated by non-consideration of..........
