Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of documents - At a belated stage - Plaintiff seeking production of documents, at the stage of defendant's evidence, but did not mention anything regarding the documents which are mentioned in the list of documents filed along with said application - Even in plaint, plaintiff has not produced any evidence regarding..........
Civil Procedure Code, 1908, Section 151 -- Consolidation of suits - Probate petition and suit for cancellation of Will - Common question involved in probate proceedings and civil suit - Evidence will also be common - To avoid multiplicity in trial of same issues and to avoid conflict of decision, joint trial ordered...........
Civil Procedure Code, 1908, Order 39, Rule 4 -- Temporary injunction - Vacation of - Injunction order passed restraining defendant from putting up construction on item Nos.1, 2 properties - Plaintiff conceded execution of release deed by sisters and sister's son in favour of defendant - Under such circumstances plaintiff getting half share is bleak - Even if plaintiff's..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a third party - Eviction suit - In a suit between landlord and tenant, third person who alleges to have an agreement to sell in his/her favour cannot be impleaded as a party especially where basis of agreement is hit by provisions of law...........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of Civil Court - Service matter - Civil Court lacks jurisdiction to entertain a suit structured on provisions of Industrial Disputes Act - Decree passed in said proceedings is a legal nullity...........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleading - Proof beyond pleading - Evidence is to be based on pleadings - A relief can only be on the basis of pleadings alone - Only exception is when parties know each other's case very well and such a pleading is implicit in an issue - Additionally, Court can take judicial note of a fact when it is so apparent on the..........
Civil Procedure Code, 1908, Section 96 -- First appeal - First Appellate Court is final Court of fact and law - However, it has to fall in line with scope and ambit of S.96 of the Code...........
Hindu Marriage Act, 1955, Section 23A, Civil Procedure Code, 1908, Order 8, Rule 6A, Civil Procedure Code, 1908, Order 6, Rule 17 -- Divorce - Counter claim - Accrual of cause of action for counter claim after defendant has delivered his defence - Held, on said ground Court not to have rejected the amendment of written statement to raise plea of counter claim...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - After commencement of trial - If some facts come to knowledge subsequently and subsequent to the commencement of trial and if it is found that it is necessary for determining the real questions in controversy between the parties, such an application for amendment can be allowed ever after trial..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Claim of plaintiff over `D' Scheduled pathway was based on the easement by grant and would be seen prima facie - In such situation refusal to grant interim injunction would cause irreparable injury to plaintiff and thus, balance of convenience is also in favour of plaintiff - Contention of defendant..........
