Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issue - Plaintiff sought declaration with regard to Will being a forged and fabricated document - There is omission with regard to framing of an issue with regard to declaration which will go to root of matter - Application rightly allowed - However, only one opportunity to lead evidence is granted to..........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Late production of documents - Parties should be given sufficient opportunity to produce all required evidence in support of their respective claims - Though documents are required to be produced at the trial of matter and preferably before settlement of issues - However, in order not to deny opportunity to parties,..........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of documents - Certified copies of documents sought to be produced by plaintiff without wishing to lead any further oral evidence in support thereof - No harm would be done to defendants, as it would not delay suit any further for want of witnesses coming forward to testify in support of those documents -..........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Additional issues - Plaintiffs were avoiding cross-examination of defendants on one ground or other - Framing of additional issue at this late stage when evidence was so near completion would only delay decision of suit - Application U.O.14.R.5 CPC rightly rejected...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Non-framing of an issue with regard to validity of Will - Where trial Court as well as first Appellate Court has discussed entire evidence led by defendants in order to prove Will in question and have devoted major part of their discussion on this aspect, merely because Courts did not frame proper issue with regard..........
Delhi Rent Control Act, 1958, Section 14(1)(a) -- Suit for eviction - Dismissal of - Ground that respondent entered into suit premises as prospective buyer and not as tenant - Denial of same by petitioner - Rent Controller required to decide matter by letting parties to produce evidence and provide explanation - Dismissal of suit, improper...........
Delhi Rent Control Act, 1958, Section 14(1)(a), 14(1)(b), Evidence Act, 1872, Section 101, 109 -- Rent and eviction - Sub-letting - Burden of proof - Tenant admitted tenancy in suit property but also asserted that he has surrendered said tenancy - Thus either u/ss 101, 109, Evidence Act burden of proving that tenancy had been surrendered was on tenant which was not..........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 14(3) -- Production of documents - Order to take documents on record not to be construed that such documents are admissible in evidence...........
Civil Procedure Code, 1908, Order 7, Rule 14(3), Civil Procedure Code, 1908, Order 18, Rule 17 -- Late production of documents - Documents annexed with application have already been tendered in evidence and got exhibited - Defendants already received the costs as directed by trial Court - No interference warranted in impugned order of allowing application...........
Bihar Building (Lease, Rent and Eviction) Control Act, 1983, Section 14(8), 11, 18 -- Eviction petition - Validity - Bonafide requirement for own occupation clearly established by landlord through evidence - Eviction, proper...........
