Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Subsequent event - Plaintiff having right to file another suit on the basis of amendment sought - No reason not to allow amendment...........
Civil Procedure Code, 1908, Order 8, Rule 1A -- Late production of documents - Not believable that documents were not in the knowledge of petitioner for which not even a reference was made in the written statement - Case at the stage of defendant's evidence - Application rightly rejected...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex parte judgment/award - Setting aside - Proceedings before Labour Court - Petitioner was represented by his lawyer who has filed Vakaltnama and prayed for time to file written statement - Thereafter no one appeared on behalf of petitioner on several dates, due to which case was ultimately disposed of - Since..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex-parte order - Setting aside - Eviction order - Application filed after more than 3 years after ejectment order was passed - Attempts of tenant had been to delay proceedings by one way or other - It is by now more than 19 years after eviction order was passed in favour of landlords and at this stage, tenant..........
Civil Procedure Code, 1908, Order 13, Rule 4 -- De-exhibiting a document - Insufficiently stamped document - Once a document is admitted in evidence despite suffering on account of deficiency in relation to Stamp Act, it cannot be recalled to its original status - Application rejected...........
Civil Procedure Code, 1908, Order 13, Rule 4, Registration Act, 1908, Section 17(1)(b) -- Document admitted in evidence - Question as to its registration can be raised at any stage including in appeal or revision...........
Civil Procedure Code, 1908, Order 13, Rule 4, Registration Act, 1908, Section 17(1)(b) -- Document admitted in evidence - Question as to its registration - Objection can be considered at any stage by Court - However, with reference to such objection nature of recitals in document must necessarily be considered - It is thus, desirable that same be considered at the stage of..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar U.O.2.R.2 CPC - Provision of O.2.R.2 CPC postulate an absolute bar on splitting of claims and on filing subsequent suit qua relief which was omitted or relinquished by plaintiff in previous suit...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar U.O.2.R.2 CPC - Relief claimed by plaintiff in subsequent suit was not claimed in earlier suit for redemption of mortgage, which could always be sought in earlier suit - Subsequent suit is barred by O.2.R.2 CPC...........
Telegraph Act, 1885, Section 16, 10, Electricity Act, 2003, Section 164, Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - Restraining defendant from erecting poles on any part of suit lands without following due process of law - District Magistrate granted necessary permission - 80% work already complete - Order granting interim injunction set aside..........
