Civil Procedure Code, 1908, Section 151 -- Restoration application - Stamp proceedings - Proceedings heard in absence of petitioner - Petitioner had not put in appearance and only by presuming service of notice Additional Collector proceeded with the matter - Even recall application filed by petitioner dismissed without giving any finding regarding notice specially when..........
Civil Procedure Code, 1908, Order 8, Rule 5 -- Written statement - Evasive or vague denial of facts in written statement may be taken to be an admission of facts made in plaint...........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Admissibility of documents - Suit for declaration, confirmation of possession and for permanent prohibitory injunction - Defendants not even raise a little finger when sale deeds in favour of plaintiffs and prior owners being exhibited - No objection was raised by defendants while certified copies of sale deeds were being..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Documents sought to be produced by way of additional evidence i.e notification issued under Land Acquisition Act, were relevant and also necessary for deciding rights of parties involved in suit - These documents did not require any proof being public documents in nature - Moreover,..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Defendant has taken a definite stand that promissory note on the basis of which suit has been filed by plaintiff was not executed by him and same was forged and fabricated - Defence sought to be raised clearly shows triable issues in the case and defendant has good defence -..........
Civil Procedure Code, 1908, Order 6, Rule 16, Civil Procedure Code, 1908, Order 14, Rule 5, Civil Procedure Code, 1908, Section 151 -- Striking out pleadings - In written no ground raised regarding striking of pleadings - Pleadings which are being objected have been framed as issues - Petitioners right to exclude the pleadings shall be adjudicated when issues are decided...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - At the time of registration of suit Court has no power to venture into merits of the matter or possible disputed issues...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Prayer claiming larger extent than could be claimed as per suit agreement - This is not an issue which could have been gone into by trial Court at the time of registration of plaint - Trial Court had no power to determine as to the extent of relief that could be claimed at the very threshold and requiring..........
Civil Procedure Code, 1908, Section 96 -- Appeal - Not maintainable when it is filed against a finding and not against decree...........
Civil Procedure Code, 1908, Order 13, Rule 10 -- Summoning of record of other Court - Satisfaction of Court is required regarding record in question and if such satisfaction is arrived at by Court below, then normally same should not be interfered with by supervisory Court...........
