Civil Procedure Code, 1908, Order 6, Rule 4, Indian Contract Act, 1872, Section 17 -- Fraud - It must be proved and not merely alleged and inferred - A mere concealment or non disclosure without intent to deceive or a bald allegation of fraud without proof and intent to deceive does not render a decree obtained by a party as fraudulent...........
Civil Procedure Code, 1908, Order 41, Rule 27, 28 -- Additional evidence at appellate stage - Once application is allowed then procedure for proving the document in question should be followed - When such procedure is not followed then matter has to be remitted with direction to follow the procedure and thereafter decide the appeal...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Bar of limitation - Challenge to sale deed of the year 2005 in 2015 - Suit filed in the year 2010 - No averment in application as to what prevented plaintiff to challenge the sale deed earlier - Amendment sought is barred by limitation - Application rightly rejected...........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - Suit for defamation - Defendant denied allegation of defamation made against him - Plaintiff has to prove his case - Defendants not required to begin with the evidence first - Thus, plaintiff is rightly directed to begin with his case...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 2A -- Ad interim injunction - Violation - Police aid - Despite injunction order defendant illegally trying to interfere and threatening to dispossess - Police aid is to be granted - Police aid cannot be denied on the ground that wife of defendant filed another suit and obtained ex parte ad interim order...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Recovery suit based on mortgage documents - Amendment sought at the stage when matter is posted for arguments - Due diligence on the part of defendants not proved - Defendants put the blame on their advocate for delayed amendment - Though no prejudice would be caused to plaintiff by allowing..........
Civil Procedure Code, 1908, Order 47 -- Review - On a point not urged earlier - Not an error apparent on face of record - After judgment is passed Court becomes functus officio, and on the basis of new arguments a judgment cannot be set aside in review...........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Once plaintiff opened his case and adduced evidence qua all issues including ones of which onus was on defendants and has not reserved his right to adduce any evidence in rebuttal, he cannot be permitted to lead any evidence to rebut the evidence adduced by defendants...........
Civil Procedure Code, 1908, Order 22, Rule 3 -- L.R's - Suit for recovery of damages on ground of defamation - Death of plaintiff during pendency of suit - Cause of action to file suit for damages is purely personal in nature and cause of action will not survive after death of plaintiff - Thus, LR's of deceased plaintiff cannot be impleaded to pursue the suit...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Order deciding objections filed u/s 47 CPC is not appealable - Remedy lies in filing revision...........
