Civil Procedure Code, 1908, Order 12, Rule 2 -- Voice sample - Complete denial by defendant with regard to affidavit and contents of CD - Court granted permission to prove voice recording by way of evidence and directed defendant to give his voice sample - There is no illegality or infirmity in the impugned order...........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Partition suit along with cancellation of sale deed - Trial Court partly decreed the suit in favour of plaintiff but refused to grant relief in respect of sale deed - However, trial Court delivered the judgment without disposal of application filed u/s 45 of Evidence Act in which plaintiff specifically pleaded that..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner for demarcation of suit land - Plaintiff had sought amendment in the suit on the ground that during pendency of suit certain part of suit land stood encroached by defendant - This presupposes that plaintiff was aware of his boundaries and only thereafter he levelled allegations against..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Time barred suit - Reasons for delay in filing suit averred in plaint - Whether such reasons for delay in filing suit are correct/plausible or valid can only be decided after parties lead evidence - The same cannot be decided in an application filed U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - No amount of evidence or merits of the controversy can be examined at the stage of decision of application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Non-framing of an issue - Once both the parties have led evidence, fully conscious of other's case, mere non-framing of relevant issue or a wrong framing of it, would not affect the validity of finding returned...........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - If there is sufficient evidence on record to dispose of suit finally, there ought not to be a remand...........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Wrong framing of an issue and onus and burden placed on wrong shoulders - Evidence is led by parties which they wished to lead and matter was tried before Court of first instance with parties conscious of each other's case - All evidence is there on record sufficient to dispose of suit finally - In these..........
Civil Procedure Code, 1908, Order 41, Rule 27, 28 -- Additional evidence at appellate stage - Documents sought to be produced are relevant and essential not only for the purpose of disposal of appeal but also to adjudicate upon issues in controversy between parties - It was duly established that despite exercise of due diligence, said documents could not be produced by..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Dismissal of suit on account of default should fall in the category of exceptions - Courts are expected to decide the litigation after examining evidence led by parties on merits...........
