Civil Procedure Code, 1908, Section 151 -- Additional evidence - To prove valid execution of Will in question - Will set up by plaintiff is a registered Will, execution whereof is admitted by defendant - Court below, thus, ought to have permitted plaintiff to lead additional evidence to prove valid execution of Will in the interest of justice - Moreover, no prejudice is..........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 12(2) -- Second opinion of expert/CFSL on signatures of Will in dispute - Permissibility - Ordinarily at the stage of evidence of plaintiff, Will in question should not be sent for second opinion on request of defendants, as defendants can lead evidence at the stage of defendant's evidence to rebut the report -..........
Civil Procedure Code, 1908, Section 151 -- Restoration application - Stamp proceedings - Proceedings heard in absence of petitioner - Petitioner had not put in appearance and only by presuming service of notice Additional Collector proceeded with the matter - Even recall application filed by petitioner dismissed without giving any finding regarding notice specially when..........
Civil Procedure Code, 1908, Order 6, Rule 16, Civil Procedure Code, 1908, Order 14, Rule 5, Civil Procedure Code, 1908, Section 151 -- Striking out pleadings - In written no ground raised regarding striking of pleadings - Pleadings which are being objected have been framed as issues - Petitioners right to exclude the pleadings shall be adjudicated when issues are decided...........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 9 -- Appointment of local Commissioner - Suit land was already demarcated and report of such demarcation exist on record - No fresh demarcation of land could have been ordered at this stage, particularly, when demarcation previously conducted was acceptable to plaintiff also - Application for appointment of local..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Recall of witness - Inherent powers u/s 151 CPC - Cannot be exercised when specific remedy to recall a witness is available U.O.18.R.17 CPC...........
Civil Procedure Code, 1908, Section 151 -- Inherent power u/s 151 CPC - Can be invoked only where there is no specific provision in the procedure to meet the situation...........
Civil Procedure Code, 1908, Section 151 -- Oral compromise - Suit dismissed as withdrawn - Recall of order - Plaintiff was persuaded to withdraw their suit on being induced by sheer misrepresentation which was not intended to be acted upon by defendant - Plaintiff believed the defendant and abandoned his suit - For making false representation or inducing somebody to do a..........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 1 -- Withdrawal of suit - Recall of order - Order can be recalled not only in case of proved fraud, but same can be recalled by Court, ex debito justitiae, if it is satisfied that withdrawal of suit was engineered by defendants by deceit which would include constructive fraud, inducement and misrepresentation...........
Civil Procedure Code, 1908, Section 151 -- Jurisdiction u/s 151 not to be invoked in a manner which is inconsistent with the specific provisions contained in the Code...........
