Evidence Act, 1872, Section 45, Civil Procedure Code, 1908, Section 151 -- Handwriting expert - Comparison of disputed signatures - Promissory note - Admitted contemporaneous signatures of defendant are available for comparison, that would give the correct picture which can be treated as best evidence - Application allowed subject to conditions...........
Civil Procedure Code, 1908, Order 39, Rule 2A, Civil Procedure Code, 1908, Order 26, Rule 9, Civil Procedure Code, 1908, Section 151 -- Interim injunction - Violation of order - Appointment of local commissioner - In the instant case, defendant continued construction on disputed property after the order of interim injunction - Said act of defendant amounts to disobedience..........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 9 -- Second Local Commissioner - Not permissible without expunging earlier Commissioner's report...........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 9 -- Local Commissioner - Can be appointed in a simplicitor for injunction when dispute is regarding identity of property...........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of plaint - Relief of mandatory injunction sought on the ground that defendant started raising construction during pendency of suit and in violation of interim orders - Issue regarding entitlement of plaintiff to the decree for mandatory injunction already framed - Moreover, plaintiff can initiate..........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 4 -- Restoration of suit dismissed as withdrawn without consent of plaintiff - Suit withdrawn when it was fixed for final arguments - Restoration application also dismissed - Court below while dismissing restoration application proceeded on technicalities instead of appreciating substantial aspect of the matter -..........
Hindu Marriage Act, 1955, Section 13, Criminal Procedure Code, 1973, Section 125, Civil Procedure Code, 1908, Section 151, Order 6, Rule 16 -- Divorce - Non payment of maintenance ordered to be paid u/s 125 Cr.P.C. - Pleadings of defaulting party struck off - Order upheld...........
Hindu Marriage Act, 1955, Section 13, Criminal Procedure Code, 1973, Section 125, Civil Procedure Code, 1908, Section 151, Order 6, Rule 16 -- Divorce - Striking off pleadings for non payment of maintenance ordered to be paid u/s 125 Cr.P.C. - If one of the parties to the lis is in arrears of payment of maintenance directed to be paid by a competent Court having..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant not properly served - Specific plea of defendant that he was not even residing at the address given when he was sought to be served - In that situation, heavy onus was on plaintiff to prove signatures of defendant on the notice issued by trial Court, which failed to do..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 7 -- Ex parte proceedings - Setting aside - Matter was only at initial stage of settling issues - Petitioner filed application for setting aside ex parte proceedings on the next date of hearing - Trial Court ought to have taken a lenient view - Ex parte proceedings set aside subject to costs of Rs.500/-...........
