Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Impleadment of parties who filed their written statement and counter claim - Once counter claim was permitted then there was no occasion for trial Court to refuse amendment application, as evidence will be required to be lead by parties on basis of pleadings - Amendment on basis of subsequent development..........
Evidence Act, 1872, Section 3, Civil Procedure Code, 1908, Section 75 -- Appointment of Commission to play CD, evaluate the contents and report to Court - Held, power of appreciation is vested with the Court alone, and it can never be relegated to an Advocate Commission and Court itself must evaluate the contents of a CD...........
Civil Procedure Code, 1908, Order 21, Rule 5 -- Judgment of first Appellate Court - First Appellate Court scrutinized entire pleadings and evidence on record and only thereafter affirmed findings recorded by trial Court by passing detailed judgment - No exception therefore can be taken to judgment so passed by first Appellate Court, more particularly, when same are hit by..........
Civil Procedure Code, 1908, Order 17, Rule 3 -- Closing of plaintiff`s evidence - Suit for specific performance - After framing of issues before trial Court, matter remained pending for plaintiff`s evidence for 5 years - Agreement in question returned to plaintiff for proper affixation of stamp duty by trial Court but the matter remained pending before competent authority..........
Civil Procedure Code, 1908, Order 39, Rule 7 -- Appointment of Commissioner - Suit for cancellation of sale deed - Issue of possession and appointment of Commissioner to ascertain factum/status of possession is hardly relevant - If a Commissioner is appointed, it would be nothing short of collecting evidence on plaintiff's behalf - Application held, rightly rejected...........
Civil Procedure Code, 1908, Order 3, Rule 1, 2 -- Power of attorney holder - Hand loan - Recovery suit - PW1/power of attorney holder of plaintiff is admittedly father of plaintiff - He had full personal knowledge of entire loan transaction, as loan transaction is routed through him and he was present during course of transaction - Merely because PW1 is a special Power of..........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Recovery suit - Hand loan - Plaintiff successfully established that defendant had availed a hand loan of sum of Rs.34,000 and defendant failed to repay the same - Defendant though had taken a contention that it was in connection with chit transactions, he had executed demand promissory note and delivered to plaintiff, but he..........
Civil Procedure Code, 1908, Section 34 -- Interest - Recovery suit - Hand loan - Plaint averment regarding agreement towards rate of interest so also on demand promissory note are silent about same - Introduction of rate of interest at 21% thus, for first time in evidence cannot be believed - Reasonable interest therefore, can be awarded - Rate of interest thus, modified..........
Evidence Act, 1872, Section 138, Civil Procedure Code, 1908, Order 9 -- Defendant proceeded ex parte - Such defendant has right to cross examine witnesses of plaintiff, where evidence of plaintiff had not concluded...........
Evidence Act, 1872, Section 108, Railway Services (Pension) Rules, 1993, Rule 9, Railway Service (Conduct) Rules, 1966, Rule 21 -- Burden of proving that person is alive who has not been heard of for seven years - Second Marriage - Husband admitted that husband did second married on ground that first wife left seven years ago and it was presumed that she died - No scope..........
