Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to challenge the Will and gift deed in favour of defendant Nos.1 & 2 - Said Will and gift deed was never in the knowledge of plaintiff and he came to know of this fact first time from the written statement of defendants - Moreover, said documents were not in the possession..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Recall of a witness for further examination-in-chief - Court can call any witness at any stage or recall any witness, if it considers that some clarification is required from witness - However, there is no such provision under law for recalling the witness again and again for the same purpose - Application..........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 9 -- Local commissioner - Application to appoint local commissioner to note physical features of suit property sought at the stage of arguments - At this belated stage the relief of this nature cannot be granted...........
Civil Procedure Code, 1908, Section 148, 151 -- Enlargement of time - When any period or time is granted by Court for doing any act, Court has discretion from time to time to enlarge such period even if time originally fixed or granted by Court has expired...........
Civil Procedure Code, 1908, Section 148, 151 -- Enlargement of time - "not exceeding thirty days in total" - Enlargement of time, whether one time or phased, cannot exceed thirty days - Time beyond maximum thirty days can be extended u/s 151 CPC, if act could not be performed within thirty days for the reasons beyond the control of the party...........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 9 -- Local Commissioner - Injunction suit - Advocate commissioner can be appointed in a suit for perpetual injunction - However, commissioner cannot be appointed to find out as to who amongst the parties is in possession of property as it is the function of Court...........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 9 -- Local Commissioner - To note down physical features of property - Cannot be said as an attempt to gather evidence...........
Civil Procedure Code, 1908, Section 51, 55, 58, 151, Order 21, Rule 30, 41(3) -- Execution - Arrest and detention of judgment debtor - Money decree - Deliberate concealment of professional and business income despite specific directions of Court - J.D. incorrigible - J.D. tried every trick in the trade to delay and defeat the execution proceedings and also acted with bad..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 3 -- Rebuttal evidence - Additional evidence cannot be lead in the garb of rebuttal evidence - There is difference between rebuttal evidence and additional evidence - Evidence in rebuttal cannot be lead to fill lacunas in evidence...........
Civil Procedure Code, 1908, Section 24(5), 151 -- Transfer or withdrawal of suit or appeal - Instead of waiting for the process of returning the plaint or appeal for representing it before the appropriate court, the superior court can withdraw or transfer such suits or proceedings - This power to transfer includes the power to transfer appeals as well...........
