Civil Procedure Code, 1908, Section 151, Order 11, Rule 14, 15 -- Production of documents - Neither any reason reflects for delay in filing application, nor it shows how document in question is relevant for disposal of controversy involved in the matter - More so, there is no averment in written statement with regard to subject document - Dismissal of application calls for..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Examination of expert - Plaintiff had availed of a number of opportunities for leading evidence and thereafter closed evidence voluntarily - Discretion exercised by Trial Court in dismissing application, is in a very judicious manner - No interference warranted - Application rightly rejected...........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary party - Partition suit - Sister of plaintiff not arraigned as a party - However, plaintiff stated that his sister had already taken share and also affidavit is filed to that effect - Suit not bad for non-joinder of necessary party...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 384, 406, 423, 467, 468, 420, 120B -- Quashing of FIR - Offence u/ss 323, 384, 406, 423, 467, 468, 420, 120B IPC - Ingredients to attract offence and nature of allegations contained in application filed by respondent would undoubtedly make it clear that respondent had failed to make specific..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 384, 406, 423, 467, 468, 420, 120B -- Quashing of FIR - Offence u/ss 323, 384, 406, 423, 467, 468, 420, 120B IPC - Ingredients to attract offence and nature of allegations contained in application filed by respondent would undoubtedly make it clear that respondent had failed to make specific..........
Civil Procedure Code, 1908, Order 16, Rule 1(3) -- Summoning of witnesses not named in the list of witnesses - Cannot be declined on the ground that cause for such omission is not pleaded when their examination appears necessary for determining real question of controversy between parties...........
Civil Procedure Code, 1908, Section 11, Order 26, Rule 9 -- Appointment of second Commissioner - Res judicata - Where Court Commissioner fails to present before Court correct picture prevailing at the site, trial Court itself is empowered to appoint another Court commissioner and there is no question of attracting principle of res judicata...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Failure to mention the provision - However, application come within ambit of provision of O.41.R.27 CPC - That alone cannot take the application out of ambit of provision of O.41.R.27 CPC...........
Civil Procedure Code, 1908, Order 41, Rule 27, Civil Procedure Code, 1908, Order 26, Rule 9 -- Additional evidence at appellate stage - Remeasurement of land - Trial Court appointed Court Commissioner but his report was rejected as he did not follow proper procedure at the time of conducting measurement - If Appellate Court agrees with the finding of trial court about non..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of Civil Court jurisdiction - Amongst several prayers in a suit if for single prayer suit is maintainable, plaint cannot be rejected - Suit shall stand for that prayers to be maintainable before civil Court...........
