Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Suit for specific performance - Whether time is essence of contract of sale is a question of fact and can be addressed by trial Court after parties lead evidence - Such question cannot be dealt with in an application U.O.7.R.11(d) CPC - Application rightly rejected...........
Civil Procedure Code, 1908, Order 17, Rule 2, 3 -- Examination of plaintiff's witnesses - At the stage of evidence of defendant - Suit for injunction - Application moved by plaintiff to bring in his evidence two other witnesses who were neither in his list of witnesses nor they were produced before trial Court - 16 years had already lapsed from the date of filing of suit -..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 9 -- Condonation of delay - Delay of 2170 days in filing application U.O.9.R.9 CPC - Petitioners not explained each and every day's delay - Sufficient cause to condone delay thus, not shown - Delay not condoned - Application dismissed...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Once prayer for rebuttal evidence is declined the same prayer cannot be entertained in the form of additional evidence...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Once plaintiffs led evidence on issue, onus of which was upon plaintiffs and same is disproved by defendants, then plaintiffs cannot lead other evidence to impeach credit of fact which is already disproved by defendants...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Can be allowed only when production of evidence is not previously known or cannot be produced despite due diligence by plaintiffs...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Once fact already disproved by defendants and same is not question of fact in suit, prayer for additional evidence cannot be considered, as it does not fall within the purview of additional evidence...........
Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - While deciding application, Court has to consider averments made in the plaint as to whether it discloses cause of action and it is not barred by any law - Court need not to look into defence taken by defendant and documents produced by them - Court can take it only as a preliminary issue and the same..........
Civil Procedure Code, 1908, Section 9, Order 7, Rule 11(d) -- Rejection of plaint - Jurisdiction of Civil Court - Suit for cancellation of sale deeds and permanent injunction - Plaintiff alleges that power of attorney which formed the basis for execution of sale deed is a fraudulent document and forged and fabricated - Said transaction would only be voidable and cannot be..........
Civil Procedure Code, 1908, Section 115 -- (as amended in State of U.P) - Revision - Maintainability - Revision is maintainable with regard to original suit or proceedings similar to original suit and is not maintainable with regard to any order passed in an appellate proceeding in State of U.P...........
