Civil Procedure Code, 1908, Order 9, Rule 9, Civil Procedure Code, 1908, Order 23, Rule 3, , Section 151, Limitation Act, 1963, Article 122 -- Compromise - Suit dismissed as withdrawn - Restoration of suit - Dismissal of suit as withdrawn is akin to dismissal of suit for want of prosecution - Limitation for filing application for restoration of such suit is 30 days...........
Evidence Act, 1872, Section 112, Civil Procedure Code, 1908, Section 151, Order 26, Rule 10A -- DNA test - Paternity of child - Husband filed petition for nullity of marriage and to declare that husband is not a biological father of child - Only source available to husband to prove paternity of child is to conduct DNA test - Application allowed...........
Civil Procedure Code, 1908, Section 151, Order 8, Rule 1 -- Written statement - Not filed within time - Denying a party opportunity to place their defence on record risks compromising the very foundation of a fair adjudication and may result in erroneous or one-sided findings - Moreover, such delay could have been addressed through imposition of appropriate costs -..........
Civil Procedure Code, 1908, Section 151 -- Suit filed against dead person - Application for dismissal of suit - Plaintiff was not aware of death of sole defendant - He learnt about death of defendant only when summons returned unserved with endorsement that defendant has died - Petitioner was not able to produce any evidence to attribute knowledge about death of his mother..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 9 -- Restoration of suit dismissed in default - Application for restoration was filed within time stipulated by law - There was no delay on the part of petitioner to apply for restoration of suit - Reasons for default in appearance of petitioner were mainly due to fault of his lawyer - It would not be proper to make..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Recall of PW1 for marking documents and reopening of evidence of PW1 - Suit was already pending consideration for almost 15 years - PW1's evidence was recorded almost a decade back - During all this time when suit was pending before Trial Court, petitioner never thought of getting these documents marked -..........
Civil Procedure Code, 1908, Section 97, 151 -- Preliminary decree - Amendment of - Provision of S.97 CPC does not bar application for amendment of a decree, in case it necessitates to do justice between parties...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - One of reasons for permitting additional evidence to be brought on record is that same should be relevant and material for determining of issues - In the absence of same not being on record, relevance thereof cannot be determined - Application rightly dismissed...........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 3 -- Rebuttal evidence - Plaintiff closed his initial evidence - There is no statement of plaintiff closing his evidence - Plaintiff in rebuttal evidence was allowed to examine handwriting expert - Plaintiff got receipt examined from handwriting expert - Now he is required to prove the same - Such evidence could be..........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11, 10 -- Rejection of plaint - Application partly allowed and plaint ordered to be returned - Plaint was reinstituted with the same facts and no new facts were introduced - An application u/s 151 CPC was filed for taking and admitting the same plaint alongwith certain invoices, bills, vouchers etc. showing conferring..........
