Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Process server was disclosed that defendant is serving in Delhi police - However, no attempt made by plaintiff to serve defendant at his office address - Ex parte decree rightly set aside...........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Admissibility of document - Objection as to admissibility of document should be taken at the time of tendering and exhibiting those documents - Since those objections were not raised, objection cannot be entertained or recorded at subsequent stage of suit...........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Admissibility of document - Objection as to admissibility of document should be taken at the time of tendering and exhibiting those documents - Since those objections were not raised, objection cannot be entertained or recorded at subsequent stage of suit...........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Admissibility of document - Objection as to - Agreements marked are though unregistered lease deed, however, same are admissible for collateral purpose in view of S.49 Proviso of Registration Act - Moreover, these agreements are not inherently inadmissible - Objection rejected...........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Admissibility of document - Objection as to - Agreements marked are though unregistered lease deed, however, same are admissible for collateral purpose in view of S.49 Proviso of Registration Act - Moreover, these agreements are not inherently inadmissible - Objection rejected...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration and permanent injunction - Petitioner wants to be added as a party in the suit due to stay entry incorporated in revenue record - No relief sought against petitioner by plaintiff - Stay order is passed against defendant which have no impact upon petitioner - Even otherwise,..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration of ownership - Amendment sought to introduce a prayer to exercise right of pre-emption - However, when right of pre-emption is not permissible under law to be exercised by plaintiff in the facts and circumstances of the case, amendment to that effect should not be allowed -..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - At the stage of rebuttal evidence plaintiff seeking demarcation of land - Plea that application is not for leading evidence in rebuttal is only for demarcation of land - Merely by changing nomenclature, prayer in the application cannot be ignored - Application rightly rejected...........
Civil Procedure Code, 1908, Order 21, Rule 95 -- Auction sale - If there is any ancillary proceedings to set aside the sale, sale will become absolute only after final disposal of those proceedings...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Ad interim injunction - Appeal - Order declining ad interim injunction passed after hearing parties - Appeal against such an order is maintainable U.O.43.R.1(r) CPC...........
