Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Counsel engaged, written statement filed, issues struck - This shows the bona fides of the defendant that he always wanted to contest the suit - If the lawyer did not cross-examine the witnesses of he plaintiff and the lawyer did not inform the defendant to bring his evidence, such litigant..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for declaration of right and title in respect of property - Amendment sought to claim relief of recovery of possession and payment of mesne profits - No new claim or cause of action is sought to be introduced - Amendment sought is in the nature of consequential relief to same cause of action -..........
Suit for possession -- If the identity of the property is not established - Suit cannot be decree in favour of the plaintiff...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 35, Specific Relief Act, 1963, Section 22 -- Specific performance - When a suit for specific performance is decreed for possession in favour of plaintiff against vendor and his transferee who were held to be not bona fide or whose transfer is without consideration, all these parties are bound by decree irrespective of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - By way of amendment defendant wants to contend that there was no public street whereas originally he has set up the case that he has not encroached upon any public street - Defendant is not merely explaining an admission but is intended to completely displace the plaintiff - This is a..........
Civil Procedure Code, 1908, Section 80, Order 7, Rule 11 -- Notice - Not in existence as pleaded in plaint - Notice pleaded was issued on the instructions of party other than the plaintiff and the sum claimed is also totally different to that claimed in the suit - Plaint rejected...........
Civil Procedure Code, 1908, Order 7, Rule 10, 11, Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint returned for presentation before a Court having pecuniary jurisdiction - Plaint presented before a competent Court with amendments and also seeking a further relief without disclosing cause of action therefor - Plaintiff free to make all necessary amendments in plaint..........
Bahi entry -- Loan of Rs.3, 000/- granted to defendant who thumb marked the Bahi entry - Statement of plaintiff is corroborated by account books which are duly maintained in ordinary course of business - This part of evidence is admissible under S.34 of Evidence Act - Statement of witness who was present at time of transaction cannot be brushed aside simply on ground that..........
Civil Procedure Code, 1908, Order 18, Rule 17-A -- Additional evidence sought to be produced certified copies of judgments which are public documents - Certified copies obtained well before the date on which suit filed - No reason forthcoming why these documents could not be produced at the time when plaintiff leading his evidence - Only conclusion which can be drawn is..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of appeal as well as suit with permission to file a fresh suit on same cause of action - Court before granting permission must be satisfied that the suit bound to fail by reason of some formal defect or that there are otherwise independent sufficient grounds for allowing plaintiff to institute a fresh suit for..........
