Civil Procedure Code, 1908, Order 16, Rule 1(2) -- Summoning of witness - Suit for declaration of title - All material evidence to decide the title of both the parties is very much essential - Serious dispute about tampering of revenue record basing on which defendant sets up title - Record sought to be summoned and evidence of Tehsildar are very much vital - Order..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration, joint possession and permanent injunction - Plaintiff himself levels allegations against defendants that they played fraud and documents in question through which they have succeeded their rights in property are obtained by playing fraud and same are illegal, null and void - Burden is upon..........
Hindu Marriage Act, 1955, Section 12, Evidence Act, 1872, Section 45, Civil Procedure Code, 1908, Section 75E, 151 -- Annulment of marriage - Status of potency - Medical test - Denial of marriage - Matrimonial Court has power to order a person to undergo medical test - It cannot be contended that relief cannot be granted in the present merely because marriage was denied...........
Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - Contentions/objections of applicant can be decided only on merits by examining both oral and documentary evidence at length and only then it can be ascertained whether contentions/objections of applicant are correct or not - Rejection of application calls for no interference...........
Civil Procedure Code, 1908, Order 18, Rule 3, Evidence Act, 1872, Section 65 -- Secondary evidence in rebuttal - Onus to prove the assertion sought to be proved by way of rebuttal evidence was on plaintiff - Plaintiff cannot be allowed to lead evidence by way of secondary evidence in rebuttal, where onus was upon plaintiff to prove that issue...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Non-framing of issues - Once evidence is led with respect to pleadings, non-framing of issues could not have proved fatal so as to record dismissal of suit...........
Civil Procedure Code, 1908, Order 17, Rule 2 -- Explanation - Phrases `Any party' and `such party' - `Any party' refers to the party which has led evidence or substantial evidence and `such party' refers to that very party which has led evidence or substantial evidence - U.O.17.R.2 CPC Court would proceed to pass orders with respect to any of the parties being absent or..........
Civil Procedure Code, 1908, Order 17, Rule 2 -- Explanation - Defendant has not led any evidence at all - Explanation could not be invoked as against defendant...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 17, Rule 2 -- Ex parte decree - Setting aside - Suit was at the stage of plaintiffs evidence - Evidence of defendants had not even started - O.17.R.2 Explanation CPC could not be invoked by High Court and based upon it holding that an application U.O.9.R.13 CPC would not be maintainable, as..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Where additional evidence sought to be adduced removes cloud of doubt over the case and evidence has a direct and important bearing on the main issue in the suit, such application may be allowed - It depends upon whether appellate Court requires evidence sought to be adduced to enable..........
