Civil Procedure Code, 1908, Order 7, Rule 14(4), Civil Procedure Code, 1908, Order 8, Rule 1A(4), 13, Evidence Act, 1872, Section 145 -- Production of document - To contradict a witness during cross examination - If witness denies such document, same certainly will have to be marked, though not admitted to evidence and retained on file so as to enable Court to subsequently..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Failure or inability of plaintiff to secure necessary evidence to support his case is not a ground contemplated by O.23.R.1(3) CPC...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a third party - Suit for declaration of title and permanent injunction - Applicants except stating that they are in possession of property and are cultivating the same for more than 30 years, have not shown that they have a direct interest in the subject matter of litigation so as to allow them to come on..........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Admissibility of document - Objection to admissibility of document should be raised before endorsement is made and Court is obliged to form its opinion on question of admissibility and express the same on which opinion would depend the document being endorsed as admitted or not admitted in evidence...........
Civil Procedure Code, 1908, Order 13, Rule 3 -- Demarking of document - Documents were marked subject to proof and relevancy in view of compliance of S.65-B of Evidence Act, as same were copies of e-mails, print outs and other linked in profiles - Proof and relevancy can be gone into trial at the time of considering main petition - Application for demarking of documents..........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Local Commissioner - Plaintiff seeking rejection of report alleging that report is given in collusion with defendant - Both plaintiff and defendant filed objections to report - Trial yet to commence - After completion of evidence, it is open to Court to accept or reject report - Application rightly rejected...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Appeal against decree of divorce by mutual consent - Not maintainable - Decree of divorce by mutual consent does not stand on different footing than a consent decree of a civil Court U.O.23.R.3 CPC - When ground of appeal are on the basis of facts, which were not before Court which passed consent decree..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Any question which requires to be decided on basis of evidence of parties, cannot be basis for rejecting a plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Barred by limitation - Question of limitation is a mixed question of fact and law which can only be determined conclusively after parties lead their evidence...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Contents of plaint alone are required to examined while considering application U.O.7.R.11 CPC - Neither defence nor evidence comes into play at this stage...........
