Agreement to sell -- Specific performance - Plaintiff has to stand on his own legs to establish that he has made out case for grant of relief of specific performance of contract...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Plaintiff has to stand on his own legs by adducing cogent, independent and reliable evidence and he could not invoke the provision of O.26.R.9 CPC to ask Court to collect, garner or generate evidence for him...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Plaintiff has to stand on his own legs by adducing cogent, independent and reliable evidence and he could not invoke the provision of O.26.R.9 CPC to ask Court to collect, garner or generate evidence for him...........
Practice and Procedure -- Plaintiff is required to stand on his own legs...........
Practice and procedure -- Plaintiff has to stand on his legs - Plaintiff cannot take advantage of the weakness of the case of defendant...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for mandatory injunction - Plaintiff failed to prove its case - Trial Court dismissed the case - Appellate Court while affirming finding of trial Court has recorded a finding that plaintiff cannot take advantage of lacuna in the case of defendant to obtain a decree in his favour as plaintiff has to stand on..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent prohibitory injunction - Admittedly, defendant did not appear in the witness box but since the plaintiff has failed to prove his case mere fact that defendant did not appear in the witness box is of no avail especially when his son who was acquainted with the facts of the case and was duly..........
Civil Procedure Code, 1908, Order 11, Rule 1 -- Interrogatories - Application under O.11 R.1 CPC not to be dismissed on the ground that such questions can be asked to respondent at time of recording evidence or that plaintiff-petitioner has to stand on his own legs and prove his defence instead of putting burden on the shoulders of other party...........
Practice and Procedure -- Plaintiff has to stand on his own legs and he cannot take the benefit of the weakness in the case of the defendant...........
Maintainability of suit -- It is for plaintiff to first establish his right and then seek remedy - Plaintiff has to stand on his own legs and cannot take advantage of the weakness of the defendant's case - It is first the capability of plaintiff to stand on his legs and conduct the litigation and it is only thereafter that trial can proceed and in case plaintiff has no..........
