Civil Procedure Code, 1908, Order 21, Rule 29, Civil Procedure Code, 1908, Order 9, Rule 13 -- Stay of execution proceedings pending decision of application U.O.9.R.13 CPC - No reasons forthcoming for not filing application for stay at a early date - Even application U.O.9.R.13 CPC has been filed only in the year 2019 - Liberty is thus, granted to defendant to file an..........
Evidence Act, 1872, Section 45 -- Comparison of signatures - Directing defendant to give his specimen signatures - A person cannot be compelled to be a witness against himself - However, it is open for Court to ask defendant whether or not he is willing to give his specimen signatures on its own - It is only if he refuses then Court can draw adverse inference - Impugned..........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Disputed land given on lease by defendant to plaintiff - As per lease conditions lease can be terminated after giving notice but no such notice was given - Defendant built two walls thus causing difficulty to the business of plaintiff, for which he had no right - Trial Court ordered to remove the obstruction -..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Plea of non-framing of an issue with regard to easementary right - Specific case of plaintiff is that windows/ventilation are existing for last about 50 years through which he is enjoying the light and air which was denied by defendant and parties have led their evidence on this aspect - In these circumstances,..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Withdrawal of right accrued to defendant in the light of admission made in written statement cannot be permitted...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Facts sought to be produced by way of amendment was well within knowledge of defendant on the date of filing of suit - There is absolute lack of due diligence on the part of defendant - Application rightly rejected...........
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 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..........
Limitation Act, 1963, Section 3 -- Limitation - It is bounden duty of Court to examine as to whether suit is within limitation or not even if no such objection is raised by defendant...........
