Civil Procedure Code, 1908, Order 18, Rule 17, Civil Procedure Code, 1908, Order 7, Rule 14 -- Recall of order closing evidence - Production of documents - Applications filed at the fag end of trial when matter was set down for arguments - No convincing reasons in support of applications - There is no explanation as to what are essential questions that had not been put to..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - O.18.R.17 CPC confers no right to a party to re-call a witness - Power vests in Court to recall a witness, which is discretionary and discretion to be exercised with greatest care and only in the most peculiar circumstances...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness for further cross-examination - On ground that party could not instruct his counsel properly on date of examination of witnesses is not bona fide ground to allow application...........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Reopening of case and recall of a witness for cross-examination - LRs of deceased defendant filed similar application to recall PW1 for cross-examination and same was allowed - PW1 thus, was fully examined - Trial Court has given sufficient opportunities to cross-examine witnesses - Application rightly rejected...........
Civil Procedure Code, 1908, Order 9, Rule 7, Civil Procedure Code, 1908, Order 5, Rule 20 -- Ex parte order - Setting aside - Non-compliance of O.5.R.20 CPC - Order of substituted service passed by trial Court without satisfying that defendants are avoiding service of summons upon them or that service of summons in ordinary way is not possible upon them - There is thus,..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Validity of marriage - Marriage between parties declared as null and void by civil Court - Wife not entitled to maintenance, as parties never had status of husband and wife - Impugned order of granting maintenance to wife set aside...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - In a proceeding u/s 125 Cr.P.C, which is primarily of civil nature strict rules of evidence are not applied by Court rather Courts act on basis of preponderance of probability which would have a positive element of happening of a certain fact...........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - Suit for declaration - Both the parties claiming ownership and possession of suit land - Plaintiff failed to produce any document on record to establish identity of suit land which was described by him in site plan annexed with sale deed - Defendant on the other hand placed a copy of demarcation report..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - There is no provision or concept of partial rejection of plaint - Plaint can either be rejected as a whole or not at all...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for specific performance and permanent injunction - Oral agreement to sell is not valid as per J&K Transfer of Property Act - Relief of permanent injunction sustainable independently of relief of specific performance - There is no provision or concept of partial rejection of plaint - Plaint can..........
