Civil Procedure Code, 1908, Section 151, Order 8, Rule 1A -- Late production of documents - Documents sought are certified copies of public documents i.e jamabandi and mutation - It cannot be presumed that these were not within knowledge of defendant - Application rightly dismissed...........
Civil Procedure Code, 1908, Section 151, Order 8, Rule 1A -- Late production of documents - Defendant cannot be permitted to prolong litigation unnecessarily when case is fixed for final arguments - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Mere delay, in absence of prejudice, is not a valid ground for rejection, particularly when refusal would lead to multiplicity of proceedings...........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of plaint - Amendment does not introduce a new cause of action but seeks to further clarify and complete relief already claimed - Proposed amendment is necessary for effective adjudication of real controversy and is based on facts already pleaded - However, considering delay in seeking amendment and the..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court is required only to go through averments made in plaint while deciding application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-following of procedure while serving defendants is not a ground assigned for rejection of application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Specific plea regarding cause action has been raised by plaintiffs - Whether said plea is factually correct or not, cannot be decided at the stage of O.7.R.11 CPC - Same definitely is a matter to be decided after evidence been led qua the same - Application rightly rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Agricultural land - Maintainability of suit before civil Court - Primarily relief prayed for in suit is cancellation of sale deed and declaration is a secondary relief - Plaintiffs have come up with a plea that they are recorded khatedars of land in question - They definitely did not require any..........
Civil Procedure Code, 1908, Order 41, Rule 11 -- Appeal - Dismissal at admission stage - O.41.R.11 CPC provides for power to dismiss appeal without sending notice to lower Court - Thus, necessity is of admission of appeal...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree against first wife - Setting aside - Death of husband - Husband solemnized second marriage after ex parte divorce decree against first wife - He died after some time - Second wife and children from second marriage got impleaded in setting aside application - Second wife was stranger to proceeding -..........
