Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Production of documents - No pleadings in relation to document sought to be produced by plaintiff, in the plaint - In the absence of any such pleading, said document cannot be introduced by taking resort to provision of O.7.R.14(3) CPC - Application rightly rejected...........
Agreement to sell -- Suit for specific performance - Insufficiently stamped agreement - Failure to comply with statutory requirements of Stamp Act renders the entire claim unenforceable - Suit dismissed as it is based on an instrument that is legally inadmissible as evidence - An amount of Rs.10,000/- received is liable to be returned - The said amount remained with the..........
Evidence Act, 1872, Section 90 -- Gift deed more than 30 years old - Document is in the handwriting of executant - However, original gift deed is not produced before Court by defendant - Plaintiff thus, lost his chance to question the genuineness and veracity of gift deed and parties did not know whether gift deed was in handwriting of executant...........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Production of documents - Application filed after conclusion of evidence of plaintiff without disclosing in the application as to why those documents could not be produced earlier - Application rightly rejected - However, since family Court has closed the right of plaintiff to cross-examine the witnesses of defendant, one..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Purported cause of action is merely illusory and has been concocted solely to circumvent the provisions of O.7.R.11(d) CPC - Plaintiff admittedly, was aware as early as 2006 that defendants had explicitly denied his title in suit filed by them in 2006 - Defendants denied the..........
Civil Procedure Code, 1908, Order 32, Rule 3 -- Suit against minors - Plaintiff while filing suit against minors is required to file list of relatives of minors and other persons with their addresses, who prima facie may be capable of acting as guardian for the suit for a minor defendant...........
Civil Procedure Code, 1908, Order 32, Rule 3 -- Suit against minors - Suit for possession by way of pre-emption - Minors were impleaded through their real brother/defendant No.1, who was major at the time of filing of suit - Defendant No.1 was the most natural choice to be guardian of minors, being in blood relation, his interest was also similar to that of other..........
Evidence Act, 1872, Section 101 -- Burden of proof - Recovery suit - Agricultural loan - Execution of relevant documents before plaintiff bank and also availing of loan amount and creation of equitable mortgage is not at all disputed by defendant - However, defendant in his defence stated that he deposited certain part payment but bank has not given any receipt to that..........
Negotiable Instruments Act, 1881, Section 4, 118 -- Promissory note - Recovery suit - Defendants have not denied signatures on cheque or promissory notes - Though defendants have pleaded that plaintiff obtained their signatures on promissory notes under coercion, threat and undue influence, however, no evidence led in support of such plea - Even, defendants have not taken..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Plaintiff filed affidavit in support of plaint averments which remains uncontroverted - Plaintiff has thus established cruel treatment meted out to him by defendant by insulting him in presence of plaintiff's friends and relatives and also by depriving him of his conjugal rights and cohabitation - Divorce..........
