Civil Procedure Code, 1908, Section 151 -- Closure of evidence - Costs not imposed before closing evidence - By not imposing costs party not put on guard to make him aware that his evidence was likely to be closed - Order closing evidence set aside and tenant be provided three effective opportunities to complete his evidence subject to payment of Rs.5,000/- as costs...........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration and recovery of possession - Claim of plaintiffs are that suit properties illegally transferred in the names of defendants - However, documents relied upon by plaintiffs does not support their claim - Thus, there are pertinent questions that require to be delved into..........
Civil Procedure Code, 1908, Section 151 -- Inherent powers of Court - Can be used to find out truth, even without deciding maintainability of application u/s 151 CPC...........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 90 -- Auction sale - Setting aside - Proper publicity was given for auction sale in papers so also with the aid of beat of drums in locality - Details of valuation of property were duly mentioned - JD did not adduce any evidence nor brought any bidder to purchase the property for a higher price than purchase bid..........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 27 -- Translated version of document, marked exhibit in trial Court, sought to be produced in appellate Court - It is not additional evidence - Translated version can be filed before Court at any time - Document to be taken on record without any demur by Court...........
Civil Procedure Code, 1908, Section 10, 151 -- Stay of suit - Where the suit is not liable to be stayed u/s 10 CPC, recourse to inherent power available u/s 151 CPC can be had only in exceptional circumstances and not otherwise...........
Civil Procedure Code, 1908, Section 10, 151 -- Stay of suit - Plaintiff filed suit of eviction by claiming title through a sale deed - Defendant after institution of present suit filed a suit for declaration that sale deed was void - Court of Small Causes is a Court of limited jurisdiction and its judgment and decree based on landlord tenant relationship is always subject..........
Court Fees Act, 1870, Section 13, Civil Procedure Code, 1908, Section 151 -- Refund of Court fee - Withdrawal of suit with liberty to file a fresh suit - Court cannot exercise inherent power to refund Court fee, as S.13 of Court Fee Act or inherent power cannot be invoked for refund of Court fee when suit is being withdrawn after a full-dressed trial before trial Court -..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Allowing additional evidence that too after closure of evidence by orders of Court, which otherwise attained finality - Not permissible under law - Rather, it amounts to allowing of rebuttal to rebuttal evidence, which is unheard of in judicial circles...........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17, Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(2)(b), 11(3), 11(4)(iii), 23(1)(j) -- Amendment of Pleadings - Rent and Eviction - Subsequent events - If grounds were not available on date of filing of petition, it will not fall under "defect" or "error" contemplated u/S.23(1)(j) of Act - If the..........
