Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff and defendant both filed injunction application against each other - Trial Court dismissed both the applications - Defendant felt aggrieved by dismissal of his application filed appeal which was allowed - Plaintiff felt aggrieved and filed writ petition - High Court in writ..........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 10A -- Comparison of signatures sought during pendency of appeal - Contradictory statement in written statement - Signatures denied on agreement to sell but contradictory plea that he was ready and willing to execute sale deed - Held, once there is an admission of execution of agreement of sale by expressing that..........
Hindu Marriage Act, 1955, Section 13B, 24, Civil Procedure Code, 1908, Section 151, Constitution of India,1950, Article 227 -- Matrimonial dispute - Compromise u/s 13-B HMA - Non-adherence of compromise - Refund of amount of Rs.6 lakhs - Amount given to wife at the stage of first motion in petition u/s 13-B of HMA - However, wife not responded to stage of second motion -..........
Civil Procedure Code, 1908, Order 11, Rule 14, Civil Procedure Code, 1908, Order 11, Rule 21, Civil Procedure Code, 1908, Section 151 -- Production of documents - Non-compliance of order - Court is not empowered, either U.O.11.R.21 or S.151 CPC to strike out defence or dismiss suit...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Application for bringing on record sale deeds by way of additional evidence at stage of final arguments declined - Defendants were aware of sale deeds and failed to place on record - Such a lacuna cannot be permitted to be filled up - Even if documents sought to be placed on record by way of additional..........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 1 -- Examination of witness by Local Commissioner - Sick person - Range of movement by itself cannot be construed to be an ailment disabling petitioner not to attend Court...........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 1 -- Examination of witness by Local Commissioner - Sick person - Certain medical prescriptions were laid before Court by petitioner regarding his ailment, which reflect about range of motion of limbs - Range of movement by itself cannot be construed to be an ailment disabling petitioner not to attend Court -..........
Civil Procedure Code, 1908, Section 151 -- Power of attorney examined on behalf of defendant - Entire facts with regard to transaction were within knowledge of attorney who is already examined as a witness - Defendant thereafter cannot be allowed to be examined as a witness with a view to fill up lacunae in the statement of power of attorney - Application rightly rejected...........
Civil Procedure Code, 1908, Order 22, Rule 3, 9, 151 -- Abatement of appeal - Death of plaintiff - Suit and appeal filed by one of legal heirs of plaintiff as power of attorney holder of plaintiff - Application for setting aside abatement of appeal filed after a lapse of four years from date of death of plaintiff - Since suit itself was filed by power of attorney holder..........
Civil Procedure Code, 1908, Section 151, East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Additional evidence - Dismissal of application - Eviction petition - Petitioner/landlady wishes to produce jamabandies to prove her title over demised premises and site plan to prove identity of said premises - There is nothing on record to indicate that petitioner has..........
