Civil Procedure Code, 1908, Order 11, Rule 1(4), (5) -- (As applicable to Commercial suits) - Production of additional documents - Leave of Court - At the stage of granting leave to place on record additional documents, Court is not required to consider genuineness of documents/additional documents - Stage at which genuineness of documents to be considered is during trial...........
Civil Procedure Code, 1908, Order 11, Rule 1(4), (5) -- (As applicable to Commercial suits) - Production of additional documents - Leave of Court - Plaintiff specifically admitted that documents other than invoices were in their possession but not produced being voluminous and that suit was filed urgently - Courts below rightly not permitted plaintiff to rely upon..........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10 -- Impleadment of intervener - Title suit - Earlier applications of intervener not adjudicated on merits, rather those were dismissed as not pressed or dismissed for default, but the issue was never decided - Present application is not hit by principle of res judicata - Since, plaintiffs have sought a relief against..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file fresh suit on same cause of action - Court cannot partly allow application for withdrawal of suit and rejecting prayer for liberty to file fresh suit on same cause of action - Trial Court has two options i.e either allow application and accord liberty in favour of plaintiff or to..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit property was purchased by petitioner even prior to filing of suit - Plaintiff has sought relief of permanent and mandatory injunction against owner of disputed property - Suit cannot be decided without impleading petitioner who is owner of property in dispute on the date of filing of suit before..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file a fresh suit - There is no necessity to seek withdrawal of suit when a formal defect can be rectified by way of amendment...........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 1, 3 -- Withdrawal of suit - Partition suit - Plaintiff wanted to withdraw the suit on the ground that some more parties and some more properties are to be added - However, plaintiff has liberty to file a petition U.O.1.R.10 CPC seeking amendment of plaint - Instead of availing such remedy, plaintiff seeks to totally..........
Civil Procedure Code, 1908, Order 33, Rule 1, Civil Procedure Code, 1908, Order 44 -- Indigent person - Sufficient means - Mere availability of immovable property, by itself will not constitute `sufficient means' for purpose of O.33 or O.44 CPC...........
Civil Procedure Code, 1908, Order 33, Rule 1 -- Indigent person - Sufficient means - Mere possession of some money or ability to raise funds cannot be construed as sufficient means unless money or ability to raise funds satisfies requirement...........
Civil Procedure Code, 1908, Order 33, Rule 1 -- Indigent person - Sufficient means - Expression `sufficient means' to pay Court fee has to be considered with capacity or ability to raise sufficient funds in order to meet required Court fee, for which necessarily, quantum of Court fee payable has to be mentioned in the order so as to ascertain the ability...........
