Civil Procedure Code, 1908, Section 80 -- Suit against Government - Issuance of notice - State Government handing over suit land to telephone exchange - However, notice u/s 80 CPC not issued to telephone exchange despite being necessary party - Notice u/s 80 CPC being sine qua non for maintaining suit and since no notice is issued to telephone exchange, present suit is not..........
Civil Procedure Code, 1908, Section 99, 141 -- Law applicable to appeals applies to revision as well in view of S.141 CPC - No decree can be reversed or substantially varied in appeal on account of mis-joinder or no, joinder of parties...........
Civil Procedure Code, 1908, Order 16, Rule 1 -- Witnesses - Not named in the list of witnesses - Court can allow, to summon such witnesses, if required for proper adjudication of case...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to change the name of plaintiff company - Change of name of company would not change or affect the basic nature of suit - Moreover, no amendment in pleadings is being sought by plaintiff as a consequence of amendment in the change of name of company - Case is still at initial stage, as..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of third party - Eviction proceedings - Petitioners sought their impleadment on ground that they are owners of suit property - Disputes of landlord and tenant cannot be converted into title dispute by of impleadment of third party claiming ownership - Application rightly rejected with liberty given to petitioners..........
Indian Penal Code, 1860, Section 419, 420, 465, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482 -- Will - Issue about forgery and fraud regarding Will decided on merits by civil Court - FIR on same allegations that Will was forged and fabricated - Cannot be allowed - FIR quashed...........
Civil Procedure Code, 1908, Order 26, Rule 10A -- Scientific investigation - Court in its discretion, can issue a commission at any stage of the proceedings...........
Civil Procedure Code, 1908, Order 26, Rule 10A -- Scientific investigation - DNA Test - Paternity - DNA Test is not only scientific but more conclusive test or method to determine the question of paternity...........
Civil Procedure Code, 1908, Order 26, Rule 10A -- Scientific investigation - DNA Test - Paternity - Disputed by father - It is difficult nay impossible for the party alleging such paternity to prove it without any scientific investigation - It is a tumultuous task to prove such fact and equally intricate question for the Court to answer - But for a scientific..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Additional evidence which plaintiff intends to produce on record is not required by this Court for purpose of adjudication of case - Incidentally, it is not the case of plaintiff that either of Courts below refused to admit evidence which is now intended to be produced by way of..........
