Civil Procedure Code, 1908, Order 9, Rule 13, Evidence Act, 1872, Section 145 -- Ex parte decree - Set aside - Evidence recorded prior to setting aside ex parte decree is wiped out - Evidence recorded earlier can be used to confront said witnesses, as permissible u/s 145 Evidence Act, being previous statement of witnesses...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - To be treated as a separate suit/cross suit - As property in dispute as well as parties to the litigation in both the suits are common, Court to proceed with two suits simultaneously and decide the suits in accordance with law - Court is at liberty to consolidate the suits and direct parties to lead evidence..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim primarily has to be against plaintiff but it can incidentally be against defendant - However, said position cannot be vice versa...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - It is permissible with respect to cause of action which arose before filing of suit or after filing of suit but before written statement was filed or time for filing written statement has elapsed...........
Civil Procedure Code, 1908, Order 22, Rule 10A -- Death of a party - It is the duty of pleader to communicate to Court regarding death of a party and for that purpose contract between pleader and deceased party shall be deemed to subsist...........
Civil Procedure Code, 1908, Order 22, Rule 10A -- Death of a party - Period of 90 days commence from date when pleader informs Court regarding death of his client...........
Civil Procedure Code, 1908, Order 22, Rule 10A -- Death of defendant - Counsel for defendant informed Court regarding death of deceased on 9.1.2012 - Application U.O.22.R.4 CPC filed on 2.4.2012 i.e within 90 days - It cannot be said that suit had abated - Application rightly allowed...........
Civil Procedure Code, 1908, Section 151 -- Oral compromise - Suit dismissed as withdrawn - Recall of order - Plaintiff was persuaded to withdraw their suit on being induced by sheer misrepresentation which was not intended to be acted upon by defendant - Plaintiff believed the defendant and abandoned his suit - For making false representation or inducing somebody to do a..........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 1 -- Withdrawal of suit - Recall of order - Order can be recalled not only in case of proved fraud, but same can be recalled by Court, ex debito justitiae, if it is satisfied that withdrawal of suit was engineered by defendants by deceit which would include constructive fraud, inducement and misrepresentation...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Suit for declaration of title and recovery of possession - Certified copy of gift deed sought to be produced by way of additional evidence by defendants - No material on record that gift deed was handed over to counsel for defendants - Attributing misconduct on part of counsel per se..........
