Civil Procedure Code, 1908, Section 151, Order 9, Rule 9 -- Restoration of suit dismissed in default - Application for restoration was filed within time stipulated by law - There was no delay on the part of petitioner to apply for restoration of suit - Reasons for default in appearance of petitioner were mainly due to fault of his lawyer - It would not be proper to make..........
Commercial Courts Act, 2015, Section 2(1)(c)(vii), 2(1)(i), 12 -- Commercial dispute - Merely because suit shop is being used for carrying out business or trade, suit for eviction from suit shop would not fall within definition of commercial dispute of specified value...........
Specific Relief Act, 1963, Section 38, 34 -- Suit for injunction simplicter - Maintainability - Defendants raised a serious title dispute and there is a cloud on title of plaintiffs - Documentary evidence produced by plaintiffs could not prove their possession over suit property as on date of suit - Suit for injunction simpliciter is not maintainable...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - Advocate Commissioner can be appointed in a suit for perpetual injunction only where there is a serious dispute pertaining to boundaries or identity of property...........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Recall of PW1 for marking documents and reopening of evidence of PW1 - Suit was already pending consideration for almost 15 years - PW1's evidence was recorded almost a decade back - During all this time when suit was pending before Trial Court, petitioner never thought of getting these documents marked -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought does not alter the nature of suit - Issues in main suit are yet to be framed and suit was at the stage of filing written statement - Allowing amendment even before filing of written statement would not have any adverse effect on defence set up by defendants - Application rightly allowed...........
Suit for damages -- Bank Negligence - Encashment of cheques containing forged signatures of plaintiffs - Auditor of plaintiff testified that the signatures on the cheques were forged and bank was negligent in encashing the same - Further, investigation report of vigilance officer of bank established that neither signatures on the disputed cheques was similar to the..........
Family Courts Act, 1984, Section 7 -- Suit for dissolution of marriage on basis of customary divorce deed - Husband and wife both belong to same community i.e Kadva Patidar - They have validly entered into deed of divorce which is accepted as customary practice amongst members of Kadva Patidar community - Deed of divorce was executed in presence of witnesses as required -..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that sale deed is null and void - Vendor deposed that consideration was not paid - Buyer contends that it was paid in installments on various previous occasions - Party who asserts existence of a fact is burdened with onus to prove the fact asserted - Neither testimony of DW1 and testimony of DW2 nor copy of..........
Evidence Act, 1872, Section 102 -- Onus to prove - Suit for declaration and recovery of possession - When plaintiff has come with suit for declaration and recovery of possession, onus is on plaintiff to establish title in respect of which he claims right...........
