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...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent prohibitory injunction - Encroachment - Plaintiff had come with a specific case that defendant had encroached upon his land - Repeated directions were issued to plaintiff and matter was adjourned to enable plaintiff to produce relevant record before Local Commissioner - When plaintiff failed to..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - To verify existence and condition of house amounts to collection of evidence - Court cannot delegate its jurisdiction to a local Commissioner to adjudicate the disputed questions of facts - Application rightly rejected...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Trial Court has inherent discretion to invoke the power U.O.26.R.9 at any stage during pendency of trial, either before commencement of evidence or even thereafter...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Where Court deems it fit and proper, a local commissioner can be carried out for the purpose of assisting the court based on the report to be submitted by the Commissioner - However, such a report is not meant to collect any evidence but is merely intended to assist the court regarding physical status of..........
Civil Procedure Code, 1908, Order 7, Rule 11, 10 -- Rejection/return of plaint - Deficient Court fee - Valuation of suit property is mixed question of fact and law - Even, valuation of property is subject matter of trial and upon determination of exact value thereof exact quantum of Court fee can be arrived at - Moreover, since valuation itself is disputed by defendant, it..........
Civil Procedure Code, 1908, Order 26, Rule 10(3) -- Report of Advocate Commissioner - Challenge as to - Commissioner's report can be scrapped only after recording of entire evidence and demonstrating that commissioner's report is flaw - Suit is at the stage of cross-examination of PW1 - Petitioner ought not to have approached Court at the premature stage when Court below..........
Civil Procedure Code, 1908, Section 151, Order 8, Rule 1 -- Written statement - Late production of documents - Documents in question are public documents and reliability and sanctity of the same cannot be doubted - Trial is still at evidence stage of defendant - Documents cannot be rejected merely on the ground of delay, as defendant validly disclosed the reason for not..........
Civil Procedure Code, 1908, Order 17, Rule 1, 2 -- Closure of evidence of plaintiff - Plaintiff has deposited the diet expenses - Once diet expenses stood deposited, it was duty of Court to issue summons to witnesses of plaintiff for securing their presence - However, without summoning of witnesses of plaintiff, his evidence has been closed - Case of plaintiff has been..........
Indian Penal Code, 1860, Section 419, 465, 120B -- Cheating - Quashing of proceedings - Civil dispute - Entire allegations made in the complaint pertain to civil dispute and civil proceedings are actively under consideration before respective civil Courts - Except the allegation that petitioners are close relatives of A-3, no other specific allegation was made against..........
