Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Right to lead evidence in rebuttal not reserved - Plaintiff cannot be allowed to lead evidence in rebuttal in respect of an issue, the onus of which was on plaintiff himself - No expert witness can be allowed at this stage...........
Civil Procedure Code, 1908, Order 26, Rule 10, 13, 14 -- Examination of Commissioner - Powers of Court - Suit for partition - Report submitted by Commissioner - Court is empowered U.O.26.R.10 CPC to summon Commissioner as witness to examine report in partition final decree proceedings with right of cross-examination to both the parties - U.O.26.R.10 CPC a party has right..........
Constitution of India, 1950, Article 226, Civil Procedure Code, 1908, Section 10 -- Writ petition - Maintainability - When the matter is sub judice in the Civil Court on the title claim of the petitioner, any attempt on her part to question any of the dealings qua the property in question by the State authorities by way of writ petition cannot be countenanced...........
Constitution of India, 1950, Article 226, Civil Procedure Code, 1908, Section 10 -- Writ petition - Maintainability - Petitioner has sought declaration of her right, title and apportionment of her share as being the daughter of the deceased owner of the property - Therefore, until her rights are determined in the Civil Court, parallel litigation in the name of challenge to..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of witness - Once matter is reserved for judgment, parties have no right even to move application without seeking reopen of matter for recall of any witness - Though on their bringing to the notice of Court any necessity, Court can exercise that power...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence after closure of evidence of parties - Held, permissible...........
Civil Procedure Code, 1908, Section 151 -- Examination of additional witness - Where examination of witness is necessary to prove document in question, application for examination of additional witness cannot be rejected merely on ground of latches when same can be compensated...........
Civil Procedure Code, 1908, Section 151, Legal Services Authorities Act, 1987, Section 21 -- Award of Lok Adalat - Suit for recovery of money - Mistake of Court - On compromise for settlement, award of Lok Adalat becomes final - But instead of passing award as per memo, Lok Adalat Committee by mistake took civil dispute as criminal compounding case - Mistake committed is..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Manipur (Village Authorities in Hill Areas) Act, 1956, S.3(2), Business of Govt. of Manipur (Allocation) Rules, 1999, R.2 - Impleadment of party - Bifurcation of amalgamated village - As per the record, villagers were never parties before the authority who has passed the impugned order and respondent No.4 being the headman of..........
Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Money decree - Civil imprisonment - Without deciding objections - Held, Executing Court is required to dispose of objections before taking the drastic step...........
