Civil Procedure Code, 1908, Order 18, Rule 16 -- Examining defendant immediately - Defendant is old woman of 80 years and suffering from paralysis - She is about to leave jurisdiction of Court for her better treatment where her grandson is residing - Application rightly allowed by trial Court by assigning reasons, which cannot be said to be perfunctory or flawed warranting..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Trial Court recording finding that there is no evidence to support counter claim - Held, trial Court is not justified in allowing counter claim when defendant failed to establish his claim...........
Civil Procedure Code, 1908, Section 151, Order 16, Rule 14, Evidence Act, 1872, Section 114 -- Plaintiff not appearing as his own witness - Defendant cannot compel plaintiff to examine himself as a witness - It is prerogative right of plaintiff to examine any witness - However, defendant can insist upon Court to draw adverse inference for non examination of plaintiff as..........
Civil Procedure Code, 1908, Section 92 -- Application for leave to file suit u/s 92 of the Code - Application be annexed with the plaint as maintainability of application can be decided on the basis of averments in the plaint...........
Civil Procedure Code, 1908, Section 92 -- Suit against trust - Leave to file suit - Permissibility - Trust deed was executed in favour of respondents - Purpose of transferring the property is for development of Hindi Language and opening a library - Property gifted for a lawful purpose i.e a trust - Respondents not taking any interest in achieving the purpose for which..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within time - Neither any exceptional reasons assigned by defendants for not filing written statement within time nor any application for extension of time to file written statement was filed - It is case of laxity or gross negligence on part of defendants - Defendants are not serious in defending..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Handwriting expert - Execution and signatures on agreement to sell denied by defendant - It was therefore, for the plaintiff to give evidence in affirmative - Right to lead evidence in rebuttal arises only if defendant had led any evidence in affirmative on the issue - Evidence in rebuttal cannot be..........
Civil Procedure Code, 1908, Section 2(2), Order 7, Rule 11, Civil Procedure Code, 1908, Order 43, Rule 1(a) -- Rejection of plaint - Amounts to decree - Appeal thereagainst is maintainable...........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11, Civil Procedure Code, 1908, Order 43, Rule 1(a) -- Rejection of plaint - Court can reject plaint by exercising its inherent jurisdiction and order is appealable by virtue of O.43.R.1(a) of the Code...........
Civil Procedure Code, 1908, Section 100, Order 22, Rule 3 -- Second appeal - Maintainability - Order allowing application U.O.22.R.3 CPC, is not decree, as there is no adjudication of rights of parties on merit - Second appeal against such order is not maintainable...........
