Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought on account of death of father of plaintiffs - Plaintiffs claim in the suit originally was challenge to transfer deed executed by their father and his wife - They asserted their claim over the estate of their parents - During the life of father, plaintiffs had no cause of action to seek..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Rejoinder - Plaintiff did not mention anything in his application about new facts being mentioned in the written statement filed by defendants - Even, last opportunity was granted to plaintiff to produce evidence but instead of producing his witnesses in evidence, plaintiff filed present application which shows the lethargic..........
Civil Procedure Code, 1908, Order 18, Rule 3, 4, Hindu Marriage Act, 1955, Section 13 -- Recording of evidence through video conferencing - Divorce proceedings - Wife defending suit through her mother in whose favour she executed power of attorney - Evidence of wife's mother and power of attorney holder has already been recorded as PW1 - Wife has not appeared before trial..........
Civil Procedure Code, 1908, Order 8, Rule 1, Limitation Act, 1963, Section 5 -- Written statement - Not filed within time - Condonation of delay - Right to file written statement was closed due to non-filing of written statement within time period - Application for opening of right to file written statement was filed after more than 4 years along with application for..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining Sub-Registrar from accepting documents pertaining to suit properties for registration till disposal of suit - Suit for declaration that Wills, release deed and Partition deeds are null and void - There are number of unanswered questions and suspicious maneuvering, the odds are clearly..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of witness - Court may recall a witness for further examination or cross-examination invoking O.18.R.17 CPC where there exist any doubt on the issue stated by witness even after recording of statement of said witness...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of witness - Court may recall a witness, if party seeking recalling of a witness, comes across some evidence which he could not lay his hands at the time the witness was being examined and said witness needs to be confronted therewith...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of witness - Court may recall a witness, where some evidence with regard to conduct or action of other party comes into existence after recording of statement of said witness...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of witness - A party cannot be allowed to recall witness to fill up any lacuna or omission...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of witness - Power vested with Court to invoke provision suo moto is vast - Right of parties to recall the witness is to be recognized only in rare cases...........
