Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Typographical error - Suit for permanent injunction - Restraining defendant from dispossessing plaintiff from suit premises - Amendment sought that rate of rent of room was agreed between defendant and plaintiff - Trial Court is only to determine on appreciation of evidence as to in which capacity..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Divorce proceedings - Papers sought to produce by way of additional evidence relating to beatings given by husband to one `D', who is not a party to the suit and which is not relevant at all to decide the lis and has got no relation with the matter - Application dismissed...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Advocate commissioner - Can be appointed for elucidating any matter in dispute...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Death of original defendant after ex parte decree - LRs of deceased defendant were brought on record - However, original defendant was not prevented by sufficient cause from appearing on the date of hearing and was negligent right from the initial stage of case - Summons were also duly served..........
Civil Procedure Code, 1908, Section 141 -- Applicability - Right of appeal, revision or review are substantive rights and not matter of procedure and hence, cannot be claimed u/s 141 of the Code...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Amendment should not be allowed after commencement of trial unless Court comes to conclusion that inspite of due diligence, party could not raise matter before commencement of trial...........
Haryana Urban Development Authority Act, 1977, Section 50, Civil Procedure Code, 1908, Section 89 -- Resumption - Once counsel for appellant on instructions from his client has suffered statement to pay entire outstanding amount then matter can be resolved by invoking provision of S.89 of CPC instead of relegating the application to avail alternative remedy...........
Civil Procedure Code, 1908, Order 9, Rule 4, Limitation Act, 1963, Section 5 -- Delay condonation and restoration application - Can be decided simultaneously - However, in the event of an order being passed on delay condonation and restoration application, main matter on merits should not be decided on the same date so as to enable the party aggrieved to challenge the..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- High Court Rules and Orders, Volume I, Chapter I - Local Commissioner - Local Commissioner has not followed instructions issued by Financial Commissioner on subject matter, not gave proper and lawful notices to parties - Local Commissioner did not affix three pucca points, rather treated entire colony as on of pucca point -..........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Production of documents - Defendant seeking production of three documents at the stage of evidence of defendant - Right of filing additional documents cannot be denied at this stage as mere receiving of documents will not give any right or title to respective parties in suit, as marking of document and its admissibility will..........
