Civil Procedure Code, 1908, Order 18, Rule 3A -- Party as its own witness - O.18.R.3-A CPC does not specify of order in which parties to a suit or proceeding shall be examined...........
Civil Procedure Code, 1908, Section 151, Partition Act, 1893, Section 3 -- Partition suit - Auction sale - Property cannot be beneficially partitioned into six equal shares and even if it is divided, its value would be diminished as per report of Advocate Commissioner - No objections were filed by any of parties regarding report of Advocate Commissioner - Auction of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Defendant can seek temporary injunction against plaintiff particularly when he preferred a counter claim...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Defendants are in possession of property - Plaintiff miserably failed to make out a prima facie case in his favour and further to prove that he is in possession of the suit property in any manner, actual or constructive - Defendants would be at greater hardship if any injunction is not issued in..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - It is the knowledge of date of hearing and not the knowledge of pendency of suit, which is relevant for the purpose of considering an application U.O.9.R.13 CPC to set aside an ex parte decree...........
Civil Procedure Code, 1908, Order 29, Rule 2(b) -- Service of summons on a Corporation - Sending summons to a corporation by post addressed to it at its registered office may be a good mode of service either by itself or preferably by way of an additional mode of service - If serving peon or bailiff is not able to serve summons on the Secretary or Director or any other..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Mere non filing of replication to written statement cannot be termed to be an admission of fact pleaded therein - CPC nowhere mandates filing of replication to rebut the averments made in written statement...........
Civil Procedure Code, 1908, Order 16, Rule 1 -- List of witnesses - Non-supply of list of witnesses in advance can at best be an irregularity and not an illegality, which could nullify proceedings already culminated into final adjudication by Courts below particularly when no such objection was either raised during trial of suit, nor even any such plea was ever raised..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Judgment of Civil Court is binding on Criminal Court...........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of documents - Evidentiary value of documents cannot be seen at the stage of its production...........
