Civil Procedure Code, 1908, Section 151 -- Additional evidence - After conclusion of trial - Court to hear arguments immediately after completion of evidence - However, if there is a time gap between completion of evidence and hearing of the arguments, for, whatsoever, reason, and if in that interregnum, a party comes across some evidence which he could not lay his hands..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Jamabandis and khasra girdawaries - Per se admissible - One adjournment must be granted to tender these documents subject to payment of costs...........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Plaint - Amendment - Subsequent event - Amendment necessitated due to a Full Bench Decision settling the legal position - Plaintiff cannot be found fault either for not seeking the amendment at the commencement of trial or for seeking the amendment at the stage of first appeal - Lack of `due diligence' cannot be..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2, 2A -- Temporary Injunction - Police aid - Normally in civil matters unless and until the rights have been crystallized and it is clear to the mind of Court that a party without any semblance of right is violating the orders of the Court the interference of police should not be called for...........
Civil Procedure Code, 1908, Section 151 -- Consolidation of suits - Two suits can be consolidated u/s 151 CPC if court considers that it will help expeditious and efficacious disposal of matter in controversy irrespective of fact that trial of one of the suits has been stayed under the provision of S.10 CPC...........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Registered sale agreement executed in favour of third party before institution of suit - Such transaction is not hit by S.52 of Transfer of Property Act - Held, such third party is necessary and proper party especially when his vendors are not contesting..........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10, Family Courts Act, 1984, Section 7 - - Impleadment of a party - Petition filed by wife against husband in Family Court for partition and separate possession - Daughter seeking impleadment by claiming that gift deed has been executed in her favour by her mother - Held, since dispute is between husband and wife as..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Implementation - Police protection - When there is threat of breach, disobedience or violation of order of injunction, Court can grant police protection - Party complaining violation of ad interim injunction may file not only an execution petition U.O.21.R.32 CPC or an application..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment - Written statement - Typographical mistake - Defendant unaware of alleged typographical mistake even after three attempts to amend his pleadings - Defendant failed to exercise "due diligence" in culling out a typographical mistake out of the written statement - Application filed with an ulterior motive..........
Civil Procedure Code, 1908, Section 151 -- Restoration of suit dismissed as withdrawn - In the absence of specific provision in the Code for restoration of suit dismissed as withdrawn, Court can restore suit in exercise of its inherent powers u/s 151 CPC, in the interest of justice...........
