Civil Procedure Code, 1908, Section 151 -- Additional evidence - Not to be evaluated at the stage of deciding application - However, a duty is cast on the Court to examine prima facie the relevancy of the material sought to be produced so as to conclude that application filed is bonafide and not to abuse the procedural law to harass the opposite party...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Documents sought to be produced by way of additional evidence are certified copies of appeal and vakalatnama and also written statement and power of attorney - Photo copies of the said documents have been produced in Court - Thus, application for leading additional evidence cannot be said to be filed with..........
Hindu Marriage Act, 1955, Section 12, Civil Procedure Code, 1908, Section 151, Evidence Act, 1872, Section 45 -- Divorce petition by wife - Ground of impotency of husband - Whether the family court can issue direction for medical examination of a party? - Held, medical examination by experts is permissible to ascertain truth of the matter - Where a question is raised..........
Civil Procedure Code, 1908, Section 151 -- Eviction petition - Additional evidence - Permission sought by tenant to lead additional evidence - No ground made out in the application for leading additional evidence - Plea that evidence closed by counsel without his knowledge - Tenant not filed any complaint against his lawyer - Held, averments made in application are totally..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 4 -- Dismissal in default - Dakal Daftar - Held, dismissing a suit in default is a decision - But simply consigning case to records for default is no decision - Consigned to records means `Dakal Daftar' and can be revived on motion of any of interested party - Even court suo motu can call record for civil proceedings..........
Civil Procedure Code, 1908, Section 151 -- Eviction order - Modification of - One year time sought by tenant to vacate demised premises instead of 9 months - Landlord has no objection - Held, order is modified to that extent - Time to vacate extended from nine months to one year...........
Civil Procedure Code, 1908, Section 151, Civil Procedure Code, 1908, Section 151, Constitution of India, Article 226, 227, Locus standi, Order obtained by deceitful means -- Plaint - Quashing - If Court is satisfied that a suit is filed with mala fide intention and with ulterior motive by incorporating pleadings in the plaint which are false to the knowledge of the..........
Civil Procedure Code, 1908, Section 151, Civil Procedure Code, 1908, Section 151, Constitution of India, Article 226, 227, Locus standi, Order obtained by deceitful means -- Plaint - Quashing - Civil proceedings when initiated with mala fides or with ulterior motive - Continuance of which will amount to abuse of process of Court - High Court can quash such a plaint in..........
Civil Procedure Code, 1908, Section 151, Civil Procedure Code, 1908, Section 151, Constitution of India, Article 226, 227, Locus standi, Order obtained by deceitful means -- A person who has obtained an order from a Court, on the basis of pleading of facts which are false to his own knowledge, without making the person who is actually targetted a party to the proceeding..........
Civil Procedure Code, 1908, Section 151, Civil Procedure Code, 1908, Section 151, Constitution of India, Article 226, 227, Locus standi, Order obtained by deceitful means -- To harm another person - Court can suo mote undo the harm...........
