Civil Procedure Code, 1908, Order 20, Rule 1 -- Judgment - Every judgment as soon as it is delivered becomes operative pronouncement of Court...........
Civil Procedure Code, 1908, Section 96, 115 -- Appeal/revision - Limitation - Period of limitation prescribed for preferring appeal or revision as the case may be starts running from the date when such judgment become effective as soon as they are dated and signed by judge and not from the time of actual delivery of judgment...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Cause of action is a bundle of facts, and plaintiff must prove to support his case to a judgment - Solitary incident or fact may not be termed a cause of action - Reciprocal obligations and other incidental issues will also constitute a cause of action - Cause of action has no relation..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Suit for specific performance - Several facts pleaded in plaint give rise to institution of suit - Recitals in suit document concerning delivery of property after expiry of lease and thereafter execution of document in favour of plaintiff, can be termed as one of facets of cause of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Plaintiff by way of amendment challenged the judgment and decree as well as mutation - Said judgment and decree and mutation were within his knowledge, rather factum of same finds mentioned in plaint itself - Amendment would change nature of suit and would amount to a de novo trial as even though..........
Civil Procedure Code, 1908, Order 11, Rule 5(4) -- Non production of document - Adverse inference - The presumption of adverse inference like all other presumptions, must avail the moment of judgment and not pre-empt the examination, which would be at the closure of proceedings i.e. trial...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 247 days in filing second appeal - Defendant filed second appeal against judgment and decree passed by first appellate Court with a delay of 247 days - No doubt, if delay is condoned, same will cause some hardship to plaintiff - Therefore, same has to be compensated by way of imposing costs of Rs.5,000..........
Civil Procedure Code, 1908, Order 26, Rule 10(2) -- Report of Local Commissioner - Defendants have filed objections to Commissioner's report - When defendants have filed objections to Commissioner's report, defendants could have examined Court Commissioner - However, trial Court without permitting defendants to examine Court Commissioner, placed reliance on report of Court..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written Statement - Non filing within time - No good reason assigned for not filing written statement for more than two years after appearance in suit till matter reached the stage of judgment - Application to set aside `no written statement' order, rightly rejected...........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 391, 401 -- Offence u/Ss.420, 467, 468, 471, 120-B IPC - Additional evidence at revision stage - Judgment of District Collector - Applicant had filed complaint before District Collector and was aware that judgment had been delivered by District Collector, therefore, applicant..........
