Civil Procedure Code, 1908, Order 37, Rule 1 -- Suit for recovery of money - Based on promissory note - Legal notice issued to drawer upon failure to repay money - Drawer denied execution by stating that he was working elsewhere and has no sufficient means - Attestor and scribe confirm execution of promissory note and passing of consideration - No reply was given by drawer..........
Civil Procedure Code, 1908, Section 151 -- Recalling of order - Lis cannot be successively brought back to life merely because litigant has right to file recalling application seeking restoration of his/her lis after each dismissal...........
Civil Procedure Code, 1908, Section 151 -- Recalling of order - Non-representation by advocate - In the instant case, advocate remained absent on one of the date due to dental pain and serious illness - However, there is no explanation given for no, representation on earlier dates - Even, it is evident that appellant is taking recourse of unacceptable tactics solely in..........
Civil Procedure Code, 1908, Section 11 -- Res-judicata - Plea of adverse possession in subsequent suit on the basis of same sale deed - Barred by res-judicata as competent civil Court has already heard and decided the issue and same has reached finality...........
Civil Procedure Code, 1908, Order 8, Rule 10, 5 -- Non fling of written statement - Judgment not to be passed invariably in all cases - Rule 10 has to be read alongwith rule 5 - Court is bound to follow the requirements which constitute rule 5 while rendering a judgment or pronouncing a judgment U.O.8.R.10 CPC - Court is expected to exercise its discretion while..........
Civil Procedure Code, 1908, Order 8, Rule 10, 5 -- Non filing of written statement - Not permissible to pronounce judgment by simply receiving a proof affidavit and document without looking into its content, its probative value, nature of document, admissibility of document etc...........
Civil Procedure Code, 1908, Order 8, Rule 5 -- Defendant proceeded ex parte after filing written statement - It is duty of Court to look in the pleading raised in the written statement, so as to have an appreciation with respect to the requirement of O.8.R.5 CPC including the specific denial of pleading of plaintiff, if any, or admission, if any, thereof...........
Civil Procedure Code, 1908, Section 10 -- Stay of suit - Suit property subject matter of dispute both in partition suit and in probate proceedings - Jural relationship amongst parties inter se is finally decided in preliminary decree - Decision in probate proceeding on question of proof of Will would have a direct impact on partition suit - Decision in partition suit would..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Proof beyond pleadings - No amount of evidence beyond pleadings can be taken into consideration...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 1, Rule 10 -- Amendment of plaint - Defendant set up a Will in written statement - Will sought to be challenged by way of amendment and impleadment of beneficiaries of said Will - Plaintiff learnt about execution of Will only after filing of written statement - Amendment is essential rather..........
