Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Production of documents - Court to decide application by considering and clarifying, may be briefly, as to how the stated documents are relevant and in what context after analysing relevant pleadings including evidence already brought before Court, in the form of affidavit of evidence...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought to incorporate fact that defendant Nos.2 to 4 and plaintiff belong to same group - However, defendant already pleaded fraud and misrepresentation and also pleaded various other defences - By way of amendment, defendant wants to reopen entire case - No amendment after..........
Transfer of Property Act, 1882, Section 52, Civil Procedure Code, 1908, Section 96, 100, Order 22, Rule 10 -- Transfer pendente lite - During pendency of suit for specific performance and also in violation of ad interim injunction - Irrespective of any bona fides, transferee pendente lite is bound by the decree being passed by trial Court - Purchase of property during..........
Civil Procedure Code, 1908, Section 89 -- Out of Court settlement - Refund of Court fee - Parties settled dispute out of Court without taking recourse to modes enumerated u/s 89 CPC - Petitioner entitled to refund of full Court fee...........
Civil Procedure Code, 1908, Section 151, Order 16, Rule 1, 6 -- Summoning of record - Application filed by defendant lacks bona fides and same has been filed only to protract proceedings - Trial Court after elaborate consideration of matter and referring to all relevant facts and circumstances rejected application - No error apparent on face of record - Application rightly..........
Civil Procedure Code, 1908, Order 15A -- Application U.O.15-A CPC - At the stage of consideration of an application U.O.15-A CPC, Court cannot conduct a mini trial of suit - Claims and counterclaims of parties have to be considered on the basis of material on record and on preponderance of probabilities...........
Civil Procedure Code, 1908, Order 15A -- Striking off defence - Non-payment of arrears of rent - Suit property has been purchased by deceased husband of plaintiff - Said fact is not denied by defendant - Plaintiff produced Will on record showing her husband leaves his residual properties in her favour - Defendant is admittedly attesting witness to said Will - Execution of..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Maintainability - Case was fixed for re-arguments - However, application U.O.9.R.7 CPC was filed by tenant before case was fixed for re-arguments - It cannot be said that application was filed after completion of proceedings - Application U.O.9.R.7 CPC is maintainable...........
Civil Procedure Code, 1908, Order 9, Rule 7, Civil Procedure Code, 1908, Order 17, Rule 2 -- Ex parte order - Setting aside - Eviction suit - Summons were duly served to tenant - Tenant had been appearing in proceedings since the year 2017 - But since Nov 2018 till June 2019, tenant did not come for further progress of case and opted to remain absent from dates fixed..........
Civil Procedure Code, 1908, Section 24, 22, 151 -- Transfer of divorce case - Husband filed divorce case in Gyalshing, West Sikkim - Marriage of parties solemnized at Gangtok - Wife was residing in Gangtok at the time of presentation of divorce petition and continues to reside there - Divorce proceedings filed by husband before Family Court, Gyalshing could have been filed..........
