Evidence Act, 1872, Section 101 -- Burden of proof - Recovery suit - Agricultural loan - Execution of relevant documents before plaintiff bank and also availing of loan amount and creation of equitable mortgage is not at all disputed by defendant - However, defendant in his defence stated that he deposited certain part payment but bank has not given any receipt to that..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Where a previous suit was dismissed for non-appearance of plaintiff, subsequent suit was to be seen from the pleadings of the parties in the earlier suit and plaint cannot be rejected U.O.7.R.11 CPC by considering the averments of defendant raised in his written statement and his documents...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Recovery suit - Defendant though admitted the documents of plaintiff but raised an objection regarding jurisdiction - Factory of plaintiff was situated in Pali District and supply of goods made through said factory to defendant - No objection taken by defendant regarding the same - Invoices and bills..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Photostat copies - Plaintiff/Bank submitted relevant documents for facilitating investigation in criminal case and obtained acknowledgment of PW5 - Since those documents were not returned by I.O, it could not be able to mark them as exhibits in the trial - Though, PW5 stated in said criminal case that he did not..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of defendant no.4 for further cross examine qua documents - Documents in question have been exhibited subsequent to completion of cross-examination of defendant no.4 - Plaintiff did not get opportunity to cross examine defendant no.4 on these documentary evidence - Principle of natural justice demands that plaintiff..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While deciding application U.O.7.R.11 CPC, only averments made in plaint and documents produced along with plaint are required to be seen - Defence of defendant cannot be looked into...........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of documents - Documents in question pertaining to the years subsequent to filing of suit, therefore question of mentioning the said documents in the suit does not arise - Though plaintiff has not specifically stated reasons about relevancy of documents, plaintiff averred that documents are pertaining to suit..........
Civil Procedure Code, 1908, Section 151 -- Reopening of evidence of defendant - Trial Court gave time of nearly two years for defendants to adduce their evidence and yet they were not careful to obtain the return of original documents from the executing Court and file them in trial Court along with petition U.O.8.R.1-A(3) CPC - Moreover, when the defendants filed the..........
Civil Procedure Code, 1908, Order 39, Rule 3 -- Ex parte interim injunction - Non-compliance of provision of O.39.R.3 CPC - Ex parte interim injunction granted in favour of plaintiff with condition as provided U.O.39.R.3 CPC - However, there is non-compliance of provision of O.39.R.3 CPC by plaintiff, as copy of plaint, affidavit with necessary documents were not sent to..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to declare the documents executed during pendency of suit by defendant as null and void - Proposed amendment would not constitutionally or fundamentally change the nature and character of suit - Defendant executed document in spite of interim injunction passed by Court below, which shows..........
