Civil Procedure Code, 1908, Section 151 -- Additional evidence - No effort made to lead additional evidence for the last more than 3 years through being aware of the execution of documents - Moreover bringing on record the document will not help the case of plaintiff in any manner as these documents are not relevant to decide the controversy between the parties -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Status quo order - Suit for specific performance - Prima facie there is dispute qua possession of property, which can only be decided on basis of evidence which will be led by parties during trial - Question that defendant should be allowed to raise construction on disputed property will mean that a..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Eviction petition - Written statement - Not filed within statutory period of 90 days - Landlord yet to lead evidence - Defendant shall suffer irreparable loss and manifest injustice, in case he is not permitted to file written statement and his defence is struck of - Written statement allowed to be taken on record and an..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Object of appointment of a Local Commissioner in software piracy matters is not, as much to collect evidence but to perverse and protect the infringing evidence and strict proof is not required to be given at initial stage...........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 9 -- Appointment of Court Commissioner - Nature of land - To be proved by parties - Commissioner cannot be appointed to collect evidence - Order appointing Commissioner, set aside...........
Civil Procedure Code, 1908, Order 7, Rule 11, 10 -- Rejection of plaint - Suit for damages - Amount of damages shall be determined after adducing of evidence and liberty would be afforded to plaintiff to affix court fee accordingly - Application rightly rejected...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Report of handwriting expert was sought for comparison of signatures on admitted documents with signatures made on reply to interrogatories and vakalatnama - Suit filed for permanent injunction restraining defendant from encashment of bank guarantee - Bank guarantee is an independent..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Suit can be withdrawn even at the stage of evidence...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - At the stage of defendant's evidence - Suit is simpliciter for permanent injunction, thus it can be filed any number of times on recurring cause of action - More so, plaintiffs being masters of suit are at liberty to withdraw the same and it is power of Court to grant permission to withdraw from such a..........
Civil Procedure Code, 1908, Order 23, Rule 1(3)(b) -- Withdrawal of suit with liberty to file comprehensive suit - Application for withdrawal of suit filed after completion of evidence and at the stage of hearing - Plaintiff has not pleaded that there is any formal defect in the suit or pleadings - She has not only to explain delay in filing application but at the same..........
