Civil Procedure Code, 1908, Section 89, Order 23, Rule 3 -- Mediation - Settlement - Mediator cannot forward any agreement to Court as to what course of procedure to be followed by Court for passing decree...........
Civil Procedure Code, 1908, Section 89 -- Mediation - Settlement - There cannot be any settlement between parties as to manner in which suit has to be conducted or concluded - Court is bound by CPC and other relevant statutory provisions...........
Civil Procedure Code, 1908, Order 18, Rule 3, Evidence Act, 1872, Section 45 -- Rebuttal evidence - Allowing expert to take photographs of specimen signatures of defendant taken during his cross examination - Order allowing application, upheld...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Suit and counter claim dismissed on same day in the absence of both the parties - Defendant filed restoration of counter claim, which was allowed without notice to plaintiff and plaintiff declared ex parte - Application for restoration cannot be decide at the back of plaintiff - No party can..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Proviso to O.6.R.17 CPC, is in a mandatory form - Jurisdiction of Court to allow an application for amendment after trial had commenced is taken away unless conditions precedent thereof are satisfied viz. Court must come to conclusion that in spite of due diligence the party could not raise the matter..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought at the fag end of trial when suit had come up for submission of arguments by parties for disposal of case - No reason is explained for such long delay in filing application - There is nothing to indicate that despite due diligence plaintiffs could not earlier plead the facts/mention..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Eviction suit - Specific averments on record that tenants were evicted from premises but were re-inducted and permitted to stay for a short while in suit premises for marriage of their daughter - However, tenants refused to vacate premises thereafter and no rent has been paid - Said specific averments not denied by..........
Civil Procedure Code, 1908, Section 35, 35A, 151, Order 7, Rule 11 -- Rejection of plaint - Dismissal of application by imposing actual costs - No provision for award of actual costs as at present - Costs can be imposed in accordance with relevant provisions of CPC and High Court Rules - Unless rules of High Court are amended to provide for actual costs, the same cannot be..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Limitation starts from the date of receipt of summons under Form No.1 for the purpose of O.37.R.3(5) CPC...........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend - Rejected on the ground of no, submission of application for condonation of delay - Due to lack of suitable advice to be given to party by his advocate, delay condonation application not filed - Party therefore, should not be made to suffer for something which was not done though ought to..........
