Civil Procedure Code, 1908, Order 13, Rule 1 -- When documents are marked as exhibits without objection of a particular party, that party cannot raise the objection that the said document has not been admitted in evidence...........
Evidence Act, 1872, Section 114 -- Party not entering into the witness box to make statement on oath in support of his pleadings - Adverse inference would be drawn that what he has stated in the pleadings is not correct...........
Civil Procedure Code, 1908, Order 1, Rule 3, Civil Procedure Code, 1908, Order 2, Rule 3 -- If the two rules are read together it indicate that the question of joinder of parties also involves the joinder of causes of action - A person is made a party in a suit because there is a cause of action against him and when causes of action are joined, the parties are also joined...........
Evidence Act, 1872, Section 65 -- Secondary evidence - The question as to whether a party has made out a case for leading secondary evidence or not should normally be decided on the basis of affidavits filed by the parties - Trial Court erred in drawing inference that prayer of defendant to lead secondary evidence lacked bonafides when such inference was not sustainable..........
Evidence Act, 1872, Section 114, Specific Relief Act, 1963, Section 20 -- Illus (g) - Agreement to sell - Suit for specific performance - Written statement alleging existence of prior agreement to sell suit property to third party - Party making allegation not examining third party in whose favour prior agreement for sale is alleged to have been executed - Omission, held,..........
Agreement to sell -- Suit for specific performance - Grant of specific performance is a discretionary relief - Ordinary rule is that specific performance should be granted and it can be denied only when equitable considerations point out its refusal and circumstances show that damages would be adequate relief - Appreciation in value of property over years since agreement..........
Specific Relief Act, 1963, Section 36 -- Suit for injunction - Title - Court going into question of title and recoding its finding thereon - It is only incidental to grant of injunction and such finding does not finally determine question of title - It is open to party to establish his title by separate suit...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - All amendments necessary to determine the questions in controversy have to be allowed - Duty of the Court is to determine the rights of the parties and not to punish them for the mistakes, if any - Some of the exceptions are : If the application filed is mala fide, withdraws the admissions made without..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - All amendments necessary to determine questions in controversy have to be allowed - Duty of Court to determine rights of parties and not to punish them for the mistakes, if any - Amendment to be disallowed when - (1) application filed mala fide, (2) withdraws admissions made without explaining them,..........
Civil Procedure Code, 1908, Order 17, Rule 3 -- Evidence closed - Case not decided forthwith but adjourned for arguments - If the case is not decided forthwith, evidence of the party at fault cannot be closed - The very purpose of the procedure laid down in O.17.R.3 CPC is defeated if case is not decided forthwith - Petitioner granted one opportunity to lead evidence at..........