Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Application for review without copy of the order or judgment to be reviwed is competent - Affidavit should accompany in case of discovery of new and important matter of evidence or any other sufficient reason - Affidavit is not required to be filed if application is filed on the ground of error apparent on the face..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 9, Rule 7 -- Scope of O.6.R.17 and O.9.R.7 compared - `At any stage' used in order 6, Rule 17 is not circumscribed or limited by any condition - No analogy could be drawn in order to interpret at any stage occurring under Order 6, Rule 17 on the basis of an interpretation of Order 9, Rule 7...........
Civil Procedure Code, 1908, Order 18, Rule 17-A -- Additional evidence - Suit adjourned for arguments - At that stage some witnesses sought to be examined by way of additional evidence - No reasons assigned for re-opening the suit, except stating that the witnesses were not available at the time of trial - Application for permission to examine them not to be allowed..........
Civil Procedure Code, 1908, Order 18, Rule 17-A -- Additional evidence - Examination of expert - Evidence closed by Court on 6.10.1995 and the order not challenged - Application for leading additional evidence filed on 9.9.1997 - Applicant could examine the expert while leading his evidence in affirmative but he omitted to do so - He is not entitled to invoke O.18.R.17-A..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dismissal in default - Summons issued to accused for appearance - Petitioner not present on the date fixed - Complaint dismissed in default - Order set aside - On the date fixed for appearance of accused, nothing was to be done by petitioner when petitioner was duly represented by..........
Civil Procedure Code, 1908, Order 11, Rule 1 -- Interrogatories - Have to bear a reasonably close connection with the matters in question - Interrogatories are to be allowed whenever the answer to them will serve either to help the party in proving his case or to destroy the case of the adversary - Possible objections specifically mentioned in O.11.R.6 CPC have also to be..........
Civil Procedure Code, 1908, Order 37, Rule 2 -- Summary suit - Suit instituted by presenting plaint - In the cause title of the suit it is specifically mentioned that the suit is one under Order 37 CPC and the same is mentioned immediately after stating that the suit is for recovery of Rs.94, 000/- - In paragraph 6 of the plaint also it is mentioned that the suit be..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Arguments heard - Presence of neither the counsel nor the party is required on the date of order - Court should pass order on merits...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17, 19A -- Exparte decree - Setting aside - Court did not accept the service either U.O.5.R.17 or R.19A - Application to set aside exparte decree rejected on the ground that defendant had knowledge of the proceedings - However, Court had not adverted to the details as to how such..........
Civil Procedure Code, 1908, Order 9, Rule 7, 13 -- Court did not order service of defendant by registered post - Still defendant proceeded ex parte on the basis of `refusal' report made by postal authorities on registered covers - Held, in these circumstances, it was not proper on the part of the trial Court to pass ex parte order against the defendant...........
