Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Defendant already adduced his evidence in affirmative - Plaintiff cannot be allowed to lead evidence in rebuttal on the issues, onus whereof lies upon plaintiff...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Examination of official witnesses - Plaintiff in his averments stated that evidence was not in his knowledge or could not be produced despite due diligence, but there is not even a whisper as to how said evidence has come to knowledge of plaintiff - Moreover, defendant already adduced his evidence in..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso - Amendment of plaint - `After commencement of trial' - Due diligence - Neither plaintiff filed affidavit by way of evidence nor examined any witness - Trial cannot be said to have commenced merely because matter was fixed for evidence - Hence, no question of due diligence while deciding amendment application does not..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aide - Suit for declaration - Summons not personally served upon defendant, as plaintiff himself signed as witness of service of summons and no independent witness signed on summons - Contention of plaintiff that defendant engaged two counsels which proves the knowledge of decree on the part of..........
Agreement to sell -- Suit for specific performance - Limitation - Sale deed was to be executed within six months of execution of agreement - Suit filed after seven years of execution of agreement - "Date fixed for the performance" in Art.54 Limitation Act means there is a definite date fixed for doing a particular act - There is no question of finding out the intention..........
Specific Relief Act, 1963, Section 37 -- Injunction - Co-sharer in exclusive possession - Defendant rightly injunction from interfering and forcibly dispossessing - However, plaintiff restrained from changing nature of land or alienation of land - Defendant has right to seek partition of property...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - After closure of evidence plaintiff realised that some more evidence can improve his case - Held, this is hardly a reason to reopen the suit, especially at the stage of arguments...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - At the stage of arguments - No reason assigned for failure to produce documents while adducing evidence - Plaintiff has not assigned any reasons for his failure to produce the documents while he was adducing evidence on his behalf - As he has not come to the Court with clean hands to reopen the suit at this..........
Limitation Act, 1963, Section 5 -- Delay - Condonation - Day to day delay not explained - Appeal against ex parte decree - Plea that defendant came to know about passing of the decree from plaintiff and said plea not controverted - When substantial justice and technical considerations are pitted against each other, cause of substantial justice deserves to be preferred -..........
Transfer of Property Act, 1882, Section 106 -- Notice - Suit for possession - Plea of no, service of summons - Plaintiff validly terminated tenancy by issuing notice u/s 106 of the Act - Service of summons u/s 106 of the Act was proved - Even filing of suit itself amounts to notice and suit cannot be dismissed on the ground of no, service of summons - Suit rightly decreed...........
