Civil Procedure Code, 1908, Section 151, Order 14, Rule 5 -- Additional issue - Fact pleaded in plaint but not specifically denied - Application to frame additional issue rightly dismissed as there is no dispute at all inter-se parties with regard to said issue...........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Recalling of witnesses - Filing of application u/s 151 CPC for seeking inherent power of the Court cannot be utilized in place of O.18.R.17 CPC - In the present case, witness was cross-examined by counsel for plaintiff on two dates - Cross-examination of such witness after tendering his evidence shows the..........
Civil Procedure Code, 1908, Section 151, Order 47, Rule 1 -- Review - Petitioner preferred application for recall of judgment being aggrieved by judgment - S.151 CPC therefore, cannot be called for, neither it is appropriate to treat this application U.O.47.R.1 CPC - If decision is considered to be erroneous, remedy is only to question judgment in appeal...........
Evidence Act, 1872, Section 45, Civil Procedure Code, 1908, Section 151, Order 26, Rule 10A -- Comparison of disputed signatures with admitted signatures - Genuineness of signatures - Challenging genuineness of Will amounts to challenging genuineness of signatures - When there is challenge to genuineness of Will it cannot be said that there is no challenge to genuineness..........
Evidence Act, 1872, Section 45, Civil Procedure Code, 1908, Section 151, Order 26, Rule 10A -- Comparison of disputed signatures with admitted signatures - If scientific investigation of document in question facilitates the ascertainment of truth the same has to be allowed...........
Civil Procedure Code, 1908, Section 151, Order 14, Rule 5 -- Framing of additional issues - After closure of plaintiff's evidence - Suit for declaration - Grant of declaration is dependent upon claims set up by plaintiffs on the basis of two Wills and one family settlement - Plaintiffs had already concluded their evidence and after closing of the same voluntarily, have..........
Civil Procedure Code, 1908, Section 151, Order 22, Rule 4(2), Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - LRs of deceased defendant - Application for impleadment by petitioners in their individual capacity rejected right upto High Court - Manifestly petitioners had no individual right to file distinct reply in suit and have to adopt pleadings of..........
Civil Procedure Code, 1908, Section 151 -- Striking off defence - Non payment of maintenance granted u/s 125 Cr.P.C. - Defence of such person in any proceedings instituted against him by wife in connection with or in relation to matrimonial issues between them, can be struck off by Court by invoking power u/s 151 of the Code...........
Family Courts Act, 1984, Section 10, Civil Procedure Code, 1908, Section 151 -- Family Court - Striking off defence - Family Court can strike off defence of a party by invoking power u/s 151 of the Code...........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11 -- Rejection of plaint - Frivolous litigation - Plaint can be rejected u/s 151 CPC even in the absence of available grounds U.O.7.R.11 CPC as frivolous litigation is to be nibbed in the bud at the earliest possible stage to safeguard the rights of adversary in facing litigation and prolonging his agony...........
