Civil Procedure Code, 1908, Section 151 -- Recall of PW1 to mark documents at the stage when case was fixed for arguments - Held, petitioner cannot be allowed to seek reopening of his evidence to recall PW1 for the purpose of marking the documents produced by him or ask the Court to direct defendant to produce a document, which he did not admit to be in existence...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party as proforma defendant - Recovery suit in terms of agreement - No relief claimed against proposed defendant by plaintiffs - Proposed defendant is also a beneficiary under agreement - As per agreement, plaintiffs have no liability to pay amount to proposed defendant - Rather, amount if any is to be..........
Evidence Act, 1872, Section 65, Civil Procedure Code, 1908, Order 7, Rule 14 -- Secondary evidence - Leave required U.O.7.R.14 CPC - Plaintiff only seeks permission to adduce secondary evidence of certain documents - Leave required U.O.7.R.14 CPC if required be obtained after permission to adduce secondary evidence is accorded...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of objections filed in consolidation proceedings - Amendment application filed at very belated stage after 19 years from the date of filing of such objections - Evidence in said proceedings was closed - Amendment allowed without considering O.6.R.17 Proviso CPC - Moreover, facts mentioned in amendment application..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objection - All questions between parties to suit in which decree is passed or their representative shall be decided by executing Court and not by separate suit...........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 1 -- Restoration/revival of execution petition - Execution petition dismissed for no, prosecution - Application u/s 151 CPC filed for taking up previous file - Evidence available on file establishes that first execution petition was restored - Application for restoration/revival of execution petition cannot be treated..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 1, Rule 10 -- Rejection of plaint - Non-impleadment of necessary party - Issue of no, impleadment of party has to be raised in written statement and cannot be made subject matter of filing application U.O.7.R.11 CPC unless the impleadment of party is required under any statutory enactment -..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 16 -- Striking off defence - Court has inherent power to strike off defence, outside the provisions contained O.6.R.16 CPC...........
Civil Procedure Code, 1908, Section 151 -- Striking off defence - Non-payment of maintenance amount - If husband has willfully failed to make payment of maintenance and litigation expenses to wife, his defence can be struck off in exercise of powers u/s 151 CPC...........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 16 -- Striking off defence - Non-payment of maintenance amount by husband - No material produced by husband to prove that he paid the amount of maintenance and litigation expenses as per order passed by Family Court - Family Court thus, perfectly justified in passing an order to strike off defence of husband - However,..........
