Civil Procedure Code, 1908, Section 151, Order 41, Rule 27 -- Additional evidence at appellate stage - Dismissal of application - While dismissing application no opportunity was granted to petitioner to challenge the same since the final judgment was passed on the very same date - Approach adopted by appellate Court has led to serious miscarriage of justice - Denying a..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Additional evidence - Rebuttal - Recall of witness - Plaintiff examined patwari but he failed to bring official record with respect to khasra girdawari and pedigree table and for this plaintiff cannot be found fault with - At rebuttal stage, application has been made in time to examine concerned daftar kanungo who will bring..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Delhi High Court (Original Side Rules), 2018, Chapter VII, R.5 - Replication and affidavit of admission/denial of documents - Time period for filing same - Period of 30 plus extended period of 15 days are mandatory for plaintiff to file replication along with admission/denial of documents - If same are not filed within time..........
Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Arrest and detention of JD - Grant of adequate opportunity to JD before detention is necessary till, he has nothing further to state...........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Execution - Arrest and detention of JD - Executing Court is to record a positive finding as to fact that there is no possibility of satisfying decree except by way of arrest of JD - Merely because it appeared to Court that there is no possibility to satisfy decree, is not equivalent to `satisfaction' statutorily..........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Execution - Arrest and detention of JD - Executing Court is required to issue a show cause notice calling upon JD with regard to payment of decretal amount, failing which JD was liable to be arrested...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party in a suit for possession u/s 6 Specific Relief Act - Applicant not in possession of suit property - Applicant neither necessary nor proper party - Applicant cannot be impleaded as a party merely for the reason that she happens to be daughter of deceased defendant...........
Civil Procedure Code, 1908, Order 13A, Rule 3 -- Summary judgment - Commercial dispute - O.13-A.R.3 CPC empowers Court to grant a summary judgment against defendant where Court considers that defendant has no real prospect of successfully defending claim and there is no other compelling reason why claim should not be disposed of before recording of oral evidence...........
Civil Procedure Code, 1908, Order 13A -- Summary judgment - Commercial dispute - O.13-A CPC, would be attracted if Court while hearing such an application, can make necessary finding of fact, apply law to facts and same is a proportionate, more expeditious and less expensive means of achieving a fair and just result...........
Civil Procedure Code, 1908, Order 13A -- Summary judgment - Commercial disputes - Infringement of Trade Mark - Plaintiff was exclusive registered proprietor of Trade mark in question for inverter business in Class 9 of Trade Marks Act in view of two registration certificates, when defendant was in exclusive control and management of plaintiff company - Admittedly, till..........
