Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Proposed amendment is more of clarificatory nature which shall enable the Court to further pin-pointedly consider the dispute and would also aid in rendering a more satisfactory decision without changing the nature of suit - No malafide can be spelt out on the part of plaintiff while moving an..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Entire averments in plaint and not one sentence in the plaint has to be considered while deciding application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - Contentions/objections of applicant can be decided only on merits by examining both oral and documentary evidence at length and only then it can be ascertained whether contentions/objections of applicant are correct or not - Rejection of application calls for no interference...........
Civil Procedure Code, 1908, Order 8, Rule 1A -- Late production of documents - Documents in question were very much available with defendants at the time of filing of written statement, but they did not file the same and they want to show that they retained them as they were required for taking loan from banks or getting benefits from the Government but no material is..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Recall of witnesses for further cross-examination - Filing of application at belated stage without cogent reasons, which is filed to fill up lacunae - Application rightly dismissed...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Eviction of son - Tribunal cannot direct eviction Simplicitor from the property at the instance of senior citizens, though Tribunal can direct children and relatives to make available a residence to such senior citizens in pursuance of an application filed under Chapter II of the Act...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Partition suit - Restraining defendants from interfering with possession of plaintiffs - Right of plaintiff over suit property are still to be established - Possession of plaintiff over suit property also not established - Trial Court rightly dismissed the application after recording prima facie..........
Practice and procedure -- Principle governing "Falsus in uno, falsus in omnibus" has no application to Courts in India...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 17, Rule 2 -- Ex parte decree - Setting aside - Suit was at the stage of plaintiffs evidence - Evidence of defendants had not even started - O.17.R.2 Explanation CPC could not be invoked by High Court and based upon it holding that an application U.O.9.R.13 CPC would not be maintainable, as..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Where additional evidence sought to be adduced removes cloud of doubt over the case and evidence has a direct and important bearing on the main issue in the suit, such application may be allowed - It depends upon whether appellate Court requires evidence sought to be adduced to enable..........
