Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Maintainability of proceeding - Not challengeable on the ground mentioned U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Question raised is a disputed question of fact - On adjudication, result may go this way or that way - Same cannot be a ground to reject plaint...........
Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of arbitrator - Where parties cannot agree upon a common name as to who will act as an arbitrator, Court can appoint the arbitral Tribunal...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte interim injunction - Trial Court while granting ex parte interim order has not considered the three basic principles as per O.39.Rr.1, 2 CPC i.e prima facie case, balance of convenience and irreparable loss and injury - Impugned orders set aside - Matter remitted back to trial Court for fresh order...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Document sought to be filed at belated stage - Non mentioning of reasons for not filing application at the earlier point of time - Merely for this reasons application cannot be dismissed considering documents sought to be marked in evidence...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - If a document is sought to be filed at a belated stage is relevant and helps the Court in adjudication, such documents can be received in evidence...........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issues - Rent petition - Issues were framed in the year 2015 - Subsequently, witnesses of landlord were examined and even one witness on behalf of tenant had been examined by trial Court Application for framing additional issues filed at this stage that too after 8 years of framing of issues - All..........
Family Courts Act, 1984, Section 14 -- Documents - S.14 of the Act, does not enable Family Court to refer to documents which are not proved or marked - Party should be given a chance to prove these documents by placing proper evidence before Family Court...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Rent petition - Objection taken qua original landlord that he is not the landlord - Such objection holds good for his legal heirs - There is no need to incorporate a plea qua L.R's not being landlords - Application rightly dismissed...........
Specific Relief Act, 1963, Section 34, Evidence Act, 1872, Section 102 -- Suit for declaration of title - Burden of proof - In a suit for declaration of title burden always lies on plaintiff to make out and establish a clear case for granting such a declaration and weaknesses, if any, set up by defendant would not be a ground to grant relief of declaration of title to..........
