Civil Procedure Code, 1908, Order 8, Rule 10, 5 -- Non filing of written statement - Not permissible to pronounce judgment by simply receiving a proof affidavit and document without looking into its content, its probative value, nature of document, admissibility of document etc...........
Civil Procedure Code, 1908, Order 8, Rule 5 -- Defendant proceeded ex parte after filing written statement - It is duty of Court to look in the pleading raised in the written statement, so as to have an appreciation with respect to the requirement of O.8.R.5 CPC including the specific denial of pleading of plaintiff, if any, or admission, if any, thereof...........
Civil Procedure Code, 1908, Section 10 -- Stay of suit - Suit property subject matter of dispute both in partition suit and in probate proceedings - Jural relationship amongst parties inter se is finally decided in preliminary decree - Decision in probate proceeding on question of proof of Will would have a direct impact on partition suit - Decision in partition suit would..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Proof beyond pleadings - No amount of evidence beyond pleadings can be taken into consideration...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 1, Rule 10 -- Amendment of plaint - Defendant set up a Will in written statement - Will sought to be challenged by way of amendment and impleadment of beneficiaries of said Will - Plaintiff learnt about execution of Will only after filing of written statement - Amendment is essential rather..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Agreement to sell - Non execution of sale deed - Entire sale amount of Rs.50,00,000/- received - Thereafter, vendor left their place of residence without leaving their addresses and shut off their mobiles - It was with clear intention so that complainant may not..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Objections - Relevancy of document - Court to form its opinion on the relevancy of document at the time of final judgment of the case...........
Civil Procedure Code, 1908, Order 6, Rule 4, Indian Contract Act, 1872, Section 17 -- Fraud - It must be proved and not merely alleged and inferred - A mere concealment or non disclosure without intent to deceive or a bald allegation of fraud without proof and intent to deceive does not render a decree obtained by a party as fraudulent...........
Civil Procedure Code, 1908, Order 41, Rule 27, 28 -- Additional evidence at appellate stage - Once application is allowed then procedure for proving the document in question should be followed - When such procedure is not followed then matter has to be remitted with direction to follow the procedure and thereafter decide the appeal...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Bar of limitation - Challenge to sale deed of the year 2005 in 2015 - Suit filed in the year 2010 - No averment in application as to what prevented plaintiff to challenge the sale deed earlier - Amendment sought is barred by limitation - Application rightly rejected...........
