Civil Procedure Code, 1908, Order 11, Rule 14 -- Production of documents - Court has power to order production of document in the possession or power of any party, at any time during the pendency of a suit, upon oath, which relates to any matter in question in such suit, as the Court thinks right and deal with the document as appears just...........
Civil Procedure Code, 1908, Order 13, Rule 1 -- Documents - O.13.R.1 CPC requires that original documents are to be produced at or before settlement of such issues and directs the parties to produce all original documents and the Court to receive them...........
Civil Procedure Code, 1908, Order 13, Rule 3 -- Irrelevant or inadmissible documents - O.13.R.3 deals with rejection of irrelevant or inadmissible documents - Court can reject any document which it considers irrelevant or otherwise inadmissible, at any stage of the suit, duly recording the grounds of such rejection...........
Civil Procedure Code, 1908, Order 13, Rule 3 -- Rejection of irrelevant or inadmissible documents - There is a difference between relevance of a document or its admissibility or inadmissibility - Court may reject a document if it is not relevant to the matter in controversy but so far as admissibility is concerned, an objection against admissibility should be decided as..........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Endorsement on documents - Documents admitted in Court have to be dealt with in two stages, first is when the documents are filed or produced in Court - At that stage documents have to be received by the Court - Secondly, at the time of formal proof of documents - At that stage Court has to consider whether documents should..........
Civil Procedure Code, 1908, Order 13, Rule 4, 6, 7 -- Marking of document - Mere marking of a document as an exhibit does not dispense with proof thereof - Admissibility of a document has to be tested at the stage of evidence - Document if inadmissible, cannot form part of record and shall be returned to person producing them after being rejected as admissible...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Land Grabbing proceedings - Matter in issue in pending Land Grabbing Case and previous decided suits is not merely identical but very same - Other ingredients of principle of res judicata are also fulfilled - More so, once identity and title of property is finally adjudicated in previous suits, it operates as res..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - One single application can be filed for condonation of delay and also to set aside ex parte decree, where grounds for seeking both such reliefs are same...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Delay of 129 days - Defendant is senior citizen aged over 66 years - He failed to take necessary steps in setting aside ex parte decree owing to old age and age related ailments - Court below ought to have been more liberal in its..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Eviction petition - First Appellate Court found on admission that there was landlord-tenant relationship - After entering such a finding, eviction was ordered only on the ground of arrears of rent - There is no dispute on these facts - Concurrent findings as regarding right to sell the property by father of first..........
