Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand - Order of remand cannot be passed as a matter of course - Order of remand to be passed only when Court comes to a specific finding that judgment of trial Court is erroneous and liable to be set aside, which is a condition precedent - Order of remand not to be passed on the ground that evidence is not properly..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Appellant delaying service of summons - Question of sufficient cause can become difficult for Court to decide without recording evidence - Principle of natural justice require that proceedings should not be conducted in absence of parties, unless there are compelling circumstances - Costs can..........
Civil Procedure Code, 1908, Section 151 -- Additional Evidence - Cannot be lead for the purpose of shattering evidence of witness...........
Civil Procedure Code, 1908, Section 151 -- Additional Evidence - Relevancy - Party to lead evidence on the issues, the onus of which is on him - Evidence not relevant to any of the issues frame - Cannot be lead in additional evidence...........
Civil Procedure Code, 1908, Order 6, Rule 4 -- Pleadings - Vague plea of fraud - Parties cannot be allowed to lead evidence on the basis of vague plea of fraud...........
Civil Procedure Code, 1908, Section 47 -- Opportunity to lead evidence granted to objector by Executing Court - Order challenged on the premise that share already determined in reference u/s 30 of Land Acquisition Act - Objections to the effect that order passed in reference u/s 30 not binding on objector, as objector was not party in those proceedings - Question of..........
Civil Procedure Code, 1908, Section 151 -- Additional Evidence - Suit at the stage of rebuttal evidence - Plaintiff moved application to produce certain documents by way of additional evidence - Authenticity of documents not disputed/doubtful - Allowed to produce documents in additional evidence, subject to payment of costs - Defendant given opportunity to rebut additional..........
Limitation Act, 1963, Article 21, Civil Procedure Code, 1908, Order 1, Rule 10, Hindu Succession Act, 1956, Section 8 -- Impleadment of Reversioner as party to suit - Suit for possession being nearest reversioners - Application under Order 1 Rule 10 for impleading party being sister's son of the deceased - Application filed 5 years after death of original owner - Declined..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Non service of summons - Correction of entries in Jamabandi - Plaintiff had created false evidence in order to strengthen his claim of ownership and obtained decree in is favour - Gram Panchayat not impleaded as party though defendant against whom decree was obtained was recorded as tenant of..........
Civil Procedure Code, 1908, Order 17, Rule 3 -- Two witnesses examined - Evidence of plaintiff closed by order - Three days thereafter permission sought by plaintiff to appear as its own witness - Application dismissed - Order set aside on payment of Rs.1, 000/- as costs...........
