Civil Procedure Code, 1908, Section 151 -- Additional evidence - After closure of evidence of defendants - Once defendants claimed execution of receipt in written statement, onus to prove the same was on defendants - Plaintiff had every right to lead evidence in rebuttal as regards non-execution of receipt - However, since no right had been reserved nor was there any..........
Civil Procedure Code, 1908, Section 151 -- Filing of translated copy of an already exhibited document - Where a document already stands exhibited and a prayer is to place on record a translated copy thereof, there is no requirement of filing application to place on record translated version of document and all that Court has to ensure is that translated version is true..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Documents proposed to be produced as additional evidence are only certified copy of sale deed and revenue record which are per se admissible - Application allowed...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Plaintiff had availed more than 30 opportunities to conclude evidence - Case was at the stage of arguments when application was moved - One opportunity to lead additional evidence is given to plaintiff subject to cost of Rs.1 lakh...........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 32 -- Execution - Decree for injunction restraining defendant from interfering with use and possession of plaintiffs - Application U.O.21.R.32 CPC is vague, as no details of interference in possession of plaintiffs were given - Executing Court allowed the application without properly appreciating the controversy -..........
Civil Procedure Code, 1908, Section 151 -- Restoration of suit dismissed as withdrawn - Suit was withdrawn with liberty to file afresh suit due to wrong advice of previous counsel as well as lack of legal knowledge of plaintiff - Plaintiff was not aware that she will have to deposit Court fee again if suit is to be filed afresh - Since counter claim filed by defendant in..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Additional evidence may be permitted where it is necessary for just decision of case, even if due diligence was not shown earlier, subject to compensating opposite party with appropriate costs...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Documents are material for determining title and possession of disputed property - Documents are official records and rejection of application has resulted in failure to consider documents crucial for adjudication of real controversy - Documents are not voluminous nor would their production prejudice..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 7 -- Ex parte order - Setting aside - Petitioner was served with summons in the suit and he had made appearance through his counsel in 2016 - Thereafter, there is failure to file written statement and petitioner was set ex parte - Petitioner had an opportunity to file written statement after receiving summons in suit..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim injunction - Police aid - Police protection orders are not intended to operate as instruments for recovery of possession - Directing police to dispossess others and restore possession would, in effect amount to execution of a decree, which can only be sought in execution proceedings U.O.21 CPC...........
