Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree against wife - Setting aside - Advocate of wife assured her not to come to Court on each date of hearing and he will call her as and when required - However, wife of advocate died due to cancer and regarding her treatment advocate had to remain out of city - Wife is 57 years old lady and could not be..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of survey commissioner - No dispute as to identity of property - Survey Commissioner cannot be appointed...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of survey commissioner - In order to get a survey commissioner executed, it is necessary that there has to be a dispute in respect of identity of property...........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - When order of remand is to be passed, first appellate Court is expected to give reasons which support the order of remand...........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Partition suit - When first appellate Court had come to a conclusion that matter needs to be remanded, it was not proper on part of first appellate Court to express an opinion on merits - When order of remand is to be passed, first appellate Court is expected to give reasons which support the order of remand -..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Defendant stated that his father bequeathed the property in favour of `N', as he used to take care of him - Plaintiff had called for so called Will executed in favour of `N' and same is already on record in suit proceedings - `N' should be allowed to put up his defence in support of..........
Civil Procedure Code, 1908, Order 11, Rule 1(4), (5) -- (As applicable to Commercial suits) - Production of additional documents - Leave of Court - At the stage of granting leave to place on record additional documents, Court is not required to consider genuineness of documents/additional documents - Stage at which genuineness of documents to be considered is during trial...........
Civil Procedure Code, 1908, Order 11, Rule 1(4), (5) -- (As applicable to Commercial suits) - Production of additional documents - Leave of Court - Plaintiff specifically admitted that documents other than invoices were in their possession but not produced being voluminous and that suit was filed urgently - Courts below rightly not permitted plaintiff to rely upon..........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10 -- Impleadment of intervener - Title suit - Earlier applications of intervener not adjudicated on merits, rather those were dismissed as not pressed or dismissed for default, but the issue was never decided - Present application is not hit by principle of res judicata - Since, plaintiffs have sought a relief against..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file fresh suit on same cause of action - Court cannot partly allow application for withdrawal of suit and rejecting prayer for liberty to file fresh suit on same cause of action - Trial Court has two options i.e either allow application and accord liberty in favour of plaintiff or to..........
