Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for specific performance and permanent injunction - Amendment sought to incorporate the fact that registered sale deed executed by defendant no.1 in favour of defendant no.2 is not binding on plaintiff and is null and void - Plaintiff not sought amendment within reasonable time despite defendants..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Sufficient cause - For setting aside an ex-parte decree, applicant must establish `sufficient cause' for non-appearance on the date of hearing - Expression `sufficient cause' cannot be stretched to accommodate sheer negligence or deliberate procrastination...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Sufficient cause - Negligence, inaction or casual attitude cannot be equated with sufficient cause...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Sufficient cause - Defendants were not serious to pursue their cause and rather they were totally negligent - On account of non-appearance on three consecutive dates, ex-parte proceedings were drawn against defendants - Even, suit was not finally decided immediately and even thereafter..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Alleged evidence sought to be produced by plaintiffs was well within knowledge of plaintiffs from the beginning - Plaintiffs were not vigilant of their rights in this regard - Even for the sake of arguments, submission of plaintiff to the effect that previous counsel had failed to lead necessary evidence, is..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 89 -- Auction sale - Setting aside on deposit of amount - Auction purchaser was not given notice and opportunity to contest the execution petition - Aspect whether JD can be permitted to deposit the amount under any exceptional circumstances was not discussed - There is no examination of aspects whether JD could make..........
Indian Penal Code, 1860, Section 405, 406, 415, 417, 418, 420, 504, 506, 384, 120B, 34 -- Quashing of the FIR - In the absence of the element of criminality, if both civil and criminal cases are allowed to continue, it will definitely amount to abuse of the process of the Court, which the Courts have always tried to prevent by putting a stop to any such criminal..........
Civil Procedure Code, 1908, Order 11, Rule 5(4) -- Non production of document - Adverse inference - Mere fact that respondent failed to produce the required document does not take away his right to cross examination as the O.11.R.5 CPC nowhere provides that the cross examination should be taken away if there is non-compliance with the statute...........
Civil Procedure Code, 1908, Order 11, Rule 5(4) -- Non production of document - Adverse inference - Adverse inference being a presumption, can only be drawn at the time of trial qua the facts of each cases, as it would require evidence and appreciation of evidence, as to whether there is compliance, partial compliance or no compliance with order - The presumption of..........
Civil Procedure Code, 1908, Order 11, Rule 5(4) -- Non production of document - Adverse inference - The cross examination by the party cannot be foreclosed on the basis of direction to draw adverse inference...........
