Civil Procedure Code, 1908, Order 18, Rule 17 -- Recalling plaintiff for cross-examination - Documents proposed to be placed on record in evidence by putting the same to plaintiff in his cross examination after recalling him - Such documents not relevant for adjudication of suit - Trial Court rightly dismissed the application...........
Civil Procedure Code, 1908, Section 96 -- First Appeal - Duty is cast on Appellate Court to adjudicate first appeal both on questions of fact and applicable law, as right to file an appeal by an unsuccessful party assailing judgment of Original Court is a valuable right...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Pure questions of fact involved in the case - Same cannot be considered in an application filed U.O.7.R.11 CPC - Application rightly rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Issue of limitation is a mixed question of fact and law - Trial Court could not have gone into said question at threshold and could not have determined the same - Application rightly rejected...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within statutory period of 90 days - Striking off defence - Defendant has not moved any application before trial Court seeking extension of time to file written statement - Trial Court straightaway struck off the defence of defendant on the ground that more than 90 days had elapsed from the date..........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - Plaintiff has right to begin unless defendant admitted all the material allegations in the plaint...........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - General rule is that party on whom burden of proof lies should begin...........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - Plaintiff and defendants have filed separate suits in respect of same property and both the suits were clubbed - Since the plaintiff's suit is earlier in point of time and that defendant's suit is clubbed with plaintiff's suit, as such plaintiffs were rightly directed to lead evidence first...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While deciding an application U.O.7.R.11 CPC, trial Court is only to look at the pleadings in the plaint, as uncontested by defendant, to see if the cause of action is disclosed in pleadings of plaintiff...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Merits of case, veracity of pleadings or sustainability of claim of plaintiff is not to be assessed at the time of decision of application U.O.7.R.11 CPC...........
