Civil Procedure Code, 1908, Order 18, Rule 17-A -- Additional evidence sought to be produced certified copies of judgments which are public documents - Certified copies obtained well before the date on which suit filed - No reason forthcoming why these documents could not be produced at the time when plaintiff leading his evidence - Only conclusion which can be drawn is..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of appeal as well as suit with permission to file a fresh suit on same cause of action - Court before granting permission must be satisfied that the suit bound to fail by reason of some formal defect or that there are otherwise independent sufficient grounds for allowing plaintiff to institute a fresh suit for..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Exparte order - Setting aside - Negligence on the part of counsel for not appearing - Exparte order set aide - It cannot be expected that a party would watch each and every hearing...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Events which take place during pendency of suit which require amendment regarding relief clause - Court should not stay its hands from granting it - Stay order restraining defendant from dispossessing plaintiff from shop in question - When stay order operating Station House Officer allegedly took keys of..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment as defendant - Station House Officer allegedly took keys of disputed premises when stay order restraining defendant from dispossessing plaintiff from shop in question granted by Court was operating - Court should allow Station House Officer to be impleaded as a party - defendant...........
Partnership Act, 1932, Section 69(2), Civil Procedure Code, 1908, Order 30, Rule 1, 2 -- Suit by registered partnership firm - Trial Court dismissed suit on the sole ground of failure to establish that the person suing is or has been shown in the register of firms as one of the partners of the firm - Suit cannot be dismissed on the ground that pre-requisite conditions of..........
Civil Procedure Code, 1908, Order 26, Rule 1 -- Witness - Examination by Commissioner - Application for appointment of Commission to examine witness on the ground of inability of witness to attend Court because of illness - No medical certificate filed that witness is bedridden and not able to move - Allowing of application by lower Court in the absence of such medical..........
Civil Procedure Code, 1908, Order 11, Rule 14, 21 -- Production of documents - Non compliance with Court's order inspite of repeated adjournments - Striking of defence - Justified...........
Civil Procedure Code, 1908, Section 115, Order 18, Rule 17-A -- Revision - Additional evidence - Application dismissed - Revision is not maintainable against an order declining additional evidence...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction restraining defendants from dispossessing plaintiffs from land in a suit for declaration that defendant No. 1 is owner of suit land as recorded in Jamabandi and plaintiffs are Gair Marusi tenants of defendant No. 1, there is relationship of landlord and tenant between the parties and defendant No. 1..........
