Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend - Conditional order - Non compliance of the condition - Defendant has no right to cross examine either the plaintiff or any witness examined on his behalf or advance arguments...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of occupancy rights - Plaintiff/claimant obtained occupancy rights on basis of lease deed - Lease deed being unregistered and ante-dated found to be sham - Even otherwise, plaintiff himself admitted that he is not in possession of land and cultivation on his behalf is carried out by servant under management of..........
Evidence Act, 1872, Section 120 -- Examination of husband on behalf of wife - Plaintiff/wife was not in a position to depose due to severe illness - Daughter of plaintiff not competent to depose on her behalf when husband of plaintiff is alive - Provision presupposes knowledge of husband to be that of wife and vice versa - Husband rightly allowed to be examined on behalf..........
Agreement to sell -- Specific performance - Readiness and willingness - Defendant received part consideration on the very same day of execution of agreement and additional amount within 3 months from date of such agreement - Plaintiff always ready and willing to perform her part of contract, as she repeatedly requesting defendant to perform his part of contract but..........
Will -- Registered - Presumption - Will was registered and Sub-registrar examined and filed his report - Sub-registrar proved execution of Will - Moreover, presumption that official act has been done in accordance with law and rules prescribed has to be drawn in favour of Sub-Registrar u/s.114(e) of Evidence Act - Onus is upon plaintiff to prove undue influence and..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - Recall of one defendant by another defendant - Both of them are on the same side, without any conflicting interest against each other - Such defendant was protecting his own right and was cross-examined by plaintiff, did not come up with any application for reopen and recall on the ground that he had to..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Photocopy of pronote and receipt - Recovery suit - Pronote and receipt not proved on record as per provisions of Ss.63, 65 of the Act and photocopy of documents have no evidentiary value in eyes of law - Plaintiff stated that documents in question were lost but no complaint registered after missing of said documents -..........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Affidavit of examination-in-chief - L.R. of deceased plaintiff cross examined on several dates - Death of witness before completion of his cross examination - Suit cannot be decreed only on the basis of affidavit of said witness...........
Civil Procedure Code, 1908, Order 16, Rule 21 -- Summoning of first plaintiff as defendant`s witness - First plaintiff not a contesting party and not examined as a witness - Defendant is entitled to examine first plaintiff as a witness in the suit...........
Civil Procedure Code, 1908, Order 16, Rule 21 -- Summoning of first plaintiff as defendant`s witness - First plaintiff not a contesting party and not examined as a witness - Defendant is entitled to examine first plaintiff as a witness in the suit - However, since suit is filed by all the plaintiff therefore first plaintiff cannot be summoned as a defendant's witness...........
