Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Can be filed after filing of written statement, but it should be filed before framing of issues...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Review petition cannot be permitted to be filed to reargue and reagitate the matter...........
Civil Procedure Code, 1908, Order 16, Rule 14 -- Court witness - Court is not obligated to invoke power U.O.16.R.14 CPC at the instance of parties and parties have no right to move an application under said rule - However, either of parties can bring to notice of Court the necessity for examining any person as Court witness - If Court is satisfied about such a necessity to..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment to advocate Commissioner - Suit for declaration of right and title over suit property and injunction - Burden of proof is always on plaintiff to establish his lawful title and possession over suit property - So the question of localization of suit property and noting down the physical features of property by..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Plaintiff asserts that defendant had constructed over his land and defendant denied this fact - There is no dispute regarding boundary or identity of land - Parties have adduced evidence - Defendant has also produced a demarcation report - Justification for seeking demarcation through Local..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Plaintiff led evidence on those issues also the burden of proof of which was on the defendants - Since burden is on defendants in relation to certain issues, plaintiffs have every right to reserve their right to adduce evidence in rebuttal...........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - If party leading evidence gives intimation to Court by filing memos about its intention to adduce evidence in rebuttal, Trial Court can exercise power flowing from O.18.R.3 CPC - Trial Court has equipped with power to entertain such memos for exercising power U.O.18.R.3 CPC...........
Civil Procedure Code, 1908, Section 34, Interest Act, 1978, Section 3(3) -- Interest - Interest upon interest or compound interest - Courts are not entitled to award interest upon interest unless specifically provided either under any statue or under the terms and conditions of contract...........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of landlord - Substitution of LRs - Eviction suit - Tenant has no locus standi to aver as to who would be LRs of plaintiff/landlord - Said averment/objection if any can be raised by aggrieved LRs only...........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of landlord - Substitution of sisters of landlord - One of sisters of deceased plaintiff had earlier moved an application U.O.1.R.10 CPC for impleadment which was rejected - Once application for impleadment by one of sisters having been rejected, it cannot be held that other sister would fall in the category of LRs of..........
