Civil Procedure Code, 1908, Order 13, Rule 4 -- Marking of document - Merely because trial Court observed that plaintiff therein who objected to marking of said document can agitate his objections at a later stage in his arguments on the main suit itself, would not entitle party to produce said document and to get it marked as Exhibit and get it admitted in the evidence...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for damages on account of defamatory and slanderous words used by defendant - Contention that plaintiff has not justified how she has claimed the amount of Rs.5 crores, is extraneous to the determination of whether plaint is to be rejected - It will be only after trial and on evidence produced that..........
Civil Procedure Code, 1908, Order 17, Rule 1 -- Adjournment - Repeated opportunities had already granted to plaintiff to adduce evidence - Plaintiff on the ground of sickness of his counsel, cannot be repeatedly allowed to take adjournments in the case - Application however, allowed in the interest of justice with costs of Rs.10,000/-...........
Civil Procedure Code, 1908, Order 17, Rule 3 -- Closure of evidence of plaintiff - Right of plaintiff to submit evidence in the form of examination-in-chief was cancelled on the ground that he was reluctant in proceeding with suit and showed his disinterest in proceedings by remaining absent - However, matter should be decided on merits rather than mere technicalities more..........
Civil Procedure Code, 1908, Order 17, Rule 1, 2 -- Closure of evidence of plaintiff - Ample opportunities given to plaintiff to produce her evidence in past 10 years - However, she remained negligent and irresponsible and utterly failed to produce her evidence - Order of closure of evidence of plaintiff is proper...........
Civil Procedure Code, 1908, Order 17, Rule 1, 2 -- Closure of evidence of plaintiff - Plaintiffs could not produce their evidence because his brother had suffered a paralytic attack and was treated in the hospital - Defendants refused to accept the cost in view of earlier order of Court, evidence could not be recorded - Interest of justice will be met if one opportunity is..........
Civil Procedure Code, 1908, Section 151 -- Reopening of plaintiff's evidence - Probate proceedings - Probate application is pending before trial Court since 2009 - Plaintiffs sought time on various occasions for leading their evidence and last opportunity was granted to plaintiffs to lead their evidence, however, plaintiff's right for leading their evidence was closed -..........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Proforma defendant - Opportunity to lead evidence after contesting defendant concludes his evidence - Not permissible - In such a situation contesting defendant will not get an opportunity to lead counter evidence...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Certified copies of judgment and order of judicial Courts having material bearing on issues involved in the appeal - No additional evidence is required to be recorded to prove additional documents, as same are certified copies of judgments passed by Judicial Courts - Application..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Partition suit - Defendants by way of additional evidence are attempting to make out case that some of suit properties are purchased by them and they are their self acquired properties - However, no such plea was raised before trial Court as per written statement - There is even no..........
