Civil Procedure Code, 1908, Section 151, Order 37, Rule 3 -- Summary suit for recovery - Non-appearance of defendant - Condonation of delay - O.37.R.3 CPC clearly provides for defendant to make his appearance before Court within a period of 10 days after service of summons - However, defendant after a period of 20 days made his appearance before Court and presented..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Plaintiff was continuously appearing in suit right from its beginning except on the date when suit was dismissed in default - He could not appear on the relevant date owing to his illness - Plaintiff thus, succeeded to establish sufficient cause for his non-appearance from attending..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Probate proceedings on account of Will - Trial Court sent Will to FSL - Signature on Will found to be forged - No occasion arises to allow respondents to do said business in firm as a partner - Order allowing application U.O.39.Rr.1, 2 CPC set aside...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - No relief was sought against applicant in the suit - In a suit for specific performance only parties to agreement are necessary parties and applicant neither necessary nor proper party to suit proceedings - Order allowing application set aside...........
Civil Procedure Code, 1908, Order 22, Rule 4(4) -- Death of defendant - Exemption from substitution of LRs - Ex parte order was passed against defendant - O.22.R.4(4) CPC covers even a defendant who had been declared ex parte - Plaintiff thus, exempted from necessity of substituting legal heir of defendant...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Defendant seeking permission to lead additional evidence after closure of his evidence - Same allowed only on the ground that plaintiff will have a right to cross examine the witness without going into the question whether same could be allowed once the evidence of defendant was closed - Order totally cryptic..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for cancellation of sale deed and permanent injunction - Property in question is a joint family property which has been sold without there being any partition - Suit thus, cannot be rejected merely on basis of plaint averments - Application rightly rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - While considering application U.O.7.R.11 CPC only averments in plaint are to be seen - From the averments of plaint, Court is not satisfied that suit seeking cancellation of sale deed is hit by law of limitation - Application rightly dismissed...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for cancellation of sale deed and permanent injunction - Concurrent findings of facts recorded by two Court below that suit is hit by limitation being not filed for a period of more than 3 years from the date of knowledge of sale deed in question - Mutation of subject land was also recorded way back in the..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Production of documents - Documents in question relates to the year 2015 and plaintiff filed the application after a delay of 7 years when the matter was fixed for final arguments - Plaintiffs just want to delay the proceedings - Application rightly dismissed...........
