Civil Procedure Code, 1908, Order 17, Rule 2, 3 -- Closure of plaintiffs evidence - Six effective opportunities for concluding evidence were availed by plaintiff but evidence not concluded - Case was adjourned for evidence of defendant - However, taking into account that plaintiff is to be cross-examined and is to lead evidence through one more witness only, therefore, in..........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Pleadings - Adoption - Adoptee/defendant taken a specific plea that parties are governed by customary law and his adoptive father was competent to take him in adoption in accordance with law - Said plea was never controverted - Plaintiff failed to utter a single word regarding adoption when he appeared as his own witness -..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend - Conditional order - Non compliance of the condition - Defendant has no right to cross examine either the plaintiff or any witness examined on his behalf or advance arguments...........
Evidence Act, 1872, Section 114 -- Plaintiff himself not appearing as his own witness - Plaintiff appearing through attorney - No prejudice shown to be caused to defendant - Nothing to show that any material question put to attorney not answered - Adverse inference can only be drawn if attorney is unable to answer the question put forth to him...........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Examination of expert in rebuttal evidence after closure of evidence - Cross examination of PW3 was allowed after closure of evidence which necessitated examination of expert in rebuttal - Held, plaintiff could exercise his discretion to examine any further witness after taking into consideration the facts elicited in cross..........
Civil Procedure Code, 1908, Section 100, Specific Relief Act, 1963, Section 38, 39 -- Suit mandatory and permanent injunction - Directing defendant to close main gate, which had been opened illegally, causing obstruction in usage and occupation of plaintiff - Defendant purchased his house and got it repaired after getting site plan sanctioned from M.C. - As per sanctioned..........
Suits Valuation Act, 1887 -- Appellant pleaded that bills and entries produced before Court were record of plaintiff only and there is no signatures on receipt on same on part of company or appellant - Company has not come forward to dispute supplies of material to it or to deny bills raised against it - Trial Court has rightly held that bills and entries of accounts..........
Evidence Act, 1872, Section 120 -- Examination of husband on behalf of wife - Plaintiff/wife was not in a position to depose due to severe illness - Daughter of plaintiff not competent to depose on her behalf when husband of plaintiff is alive - Provision presupposes knowledge of husband to be that of wife and vice versa - Husband rightly allowed to be examined on behalf..........
Evidence Act, 1872, Section 154 -- Hostile witness - Cross-examination of one's own witness - DW2 turned hostile and deposed against chief examination and colluded with plaintiff - Defendant filed application to declare him hostile after 2 adjournment and 20 days of closure of evidence of DW2 - More so, no details are furnished as to in what context and how DW2 resiled..........
Agreement to sell -- Specific performance - Readiness and willingness - Defendant received part consideration on the very same day of execution of agreement and additional amount within 3 months from date of such agreement - Plaintiff always ready and willing to perform her part of contract, as she repeatedly requesting defendant to perform his part of contract but..........
