Civil Procedure Code, 1908, Section 115, Order 10, Rule 2 -- Order rejecting application U.O.10.R.2 CPC - Revision against the same is not maintainable, as said order is purely interlocutory in nature and is not a case decided within the meaning of S.115 CPC - It is thus open for judicial review, if necessary u/art 227 of the Constitution...........
Evidence Act, 1872, Section 3, Civil Procedure Code, 1908, Order 18, Rule 4 -- Recording of evidence by video/audio/teleconferencing or internet conferencing - It is legally permissible both in civil, criminal and matrimonial matters, where attendance of witness cannot be ensured without delay, expenses and inconvenience...........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Recording of evidence - Words `Witness in attendance' shall be taken as person being present - It need not be physical presence, thus, recording of evidence through audio, video link or through internet by Skype or similar technological device is permissible complying words in attendance...........
Civil Procedure Code, 1908, Order 18, Rule 4(4), 12 -- Recording of evidence on commission - Commissioner has to observe and record demeanor of witnesses or such other remarks or objections in depositions as per O.18.Rr.4(4), 12 CPC - While video or internet recording of evidence and presenting same in electronic disk, Court during arguments can go through recorded..........
Civil Procedure Code, 1908, Order 26, Civil Procedure Code, 1908, Order 18, Civil Procedure Code, 1908, Order 16 -- Presence of parties and witnesses - Does not mean actual physical presence either in Court or before officer of Court, particularly in matrimonial matters...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of Plaint - Subsequent events - Having material bearing on the rights of parties - Proposed amendment is relatable to original suit and continuity of plea in the suit which would be having effect of elaboration of stand of parties at a subsequent stage - Proposed amendment was just and proper in order to enable the..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction - Civil suit for possession/ejectment - Rent Act made applicable during pendency of suit - Right of parties stand crystallised on the date of institution of suit and therefore law applicable on the date of filing of suit continues to apply until suit is disposed of or adjudicated - If during pendency of suit, Rent Act..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree of possession - Setting aside - Provisions of O.9.R.13 of CPC to be widely construed to give discretion to the court to take into consideration the attending facts and circumstances while dealing with an application under the aforesaid provision of law - Defendant holding suit premises since long at paltry..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- First Appeal - Non-framing of point of determination - Where First Appellate Court indeed formulated the main point for determination, though it had not formulated the points for determination in detail, but answered all points at issue in length, it cannot be said that judgment of Appellate Court is vitiated for no, framing..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defendant - Defendant sought to be raised by defendant No.1 is sham, moonshine and not plausible - Leave to defend to defendant No.1 not granted...........
