Civil Procedure Code, 1908, Section 35, Order 7, Rule 14(3) -- Costs - Application U.O.7.R.14(3) CPC allowed and document directed to be taken on record on payment of cost of Rs.1,000/- - Cost was accepted by defendant - Imposition of costs only compensatory in nature to tide delay in proceedings - Acceptance of costs by defendant would not amount to waiver of right to..........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of documents - Law as to : (i) it is mandatory for a party to the proceedings to enclose all the documents in his possession along with the plaint and further, (a) mention in the list of documents, which he seeks to rely on, (b) with further explanation that if a particular document mentioned in the list is not..........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Late production of documents - Matter at the stage of arguments - Plaintiff is a party to proceedings which is sought to be produced on record - No explanation given for not bringing on record said document - Even if said document is required to be brought on record, there is no possibility for considering said document as..........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Production of documents - Court to decide application by considering and clarifying, may be briefly, as to how the stated documents are relevant and in what context after analysing relevant pleadings including evidence already brought before Court, in the form of affidavit of evidence...........
Civil Procedure Code, 1908, Order 7, Rule 14(3), Rajasthan Rent Control Act, 2001, Section 9(A), (I), (E), (F), 21(3), Evidence Act, 1872, Section 45 -- Eviction petition - Tribunal denied to be take documents on record - Since said documents were denied to be taken on record, therefore, Tribunal observed that there was no justification for taking report of handwriting..........
Civil Procedure Code, 1908, Order 8, Rule 9, Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Replication - Filing of documents alongwith replication - There is no complete bar on production of documents alongwith replication at a later stage - Requirement is one of seeking leave of Court - Procedures are handmade of justice and cannot be used to deny the same...........
Civil Procedure Code, 1908, Order 13, Rule 4, Civil Procedure Code, 1908, Order 8, Rule 9, Civil Procedure Code, 1908, Order 7, Rule 14(3)(4) -- De-exhibiting a document - Document produced alongwith replication, without seeking leave of Court - Same exhibited during examination of plaintiff without any objection being raised by defendant - Defendant also cross examined on..........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 14(3) -- Late production of documents - Application to take on record documents pertaining to allotment of Flat, filed at the stage when case was fixed plaintiff plaintiff's rebuttal - No reason either in application or from submissions for inordinate delay in moving application - Application filed with extraneous..........
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 7, Rule 14(4), Civil Procedure Code, 1908, Order 8, Rule 1A(4), 13, Evidence Act, 1872, Section 145 -- Production of document - To contradict a witness during cross-examination - No Court can refuse a document being put to a witness during cross-examination to obtain a contradiction of her earlier statement merely for reason that it had..........
