Civil Procedure Code, 1908, Order 5, Rule 10, General Clauses Act, 1897, Section 17 - - Proof of service of notice - Reply to notice sent at the correct address of plaintiff - Endorsement of Refused made by the post man - Plaintiff had admitted that address given on it was his own - Plea therefore that there was no evidence of despatch of reply notice - Not tenable...........
Evidence Act, 1872, Section 138 -- Two set of defendants - Set of defendants opposing to the plaintiff's case most be allowed to cross examine the plaintiff's witnesses after the other set of defendants have cross examined...........
Civil Procedure Code, 1908, Order 18, Rule 4(2), Civil Procedure Code, 1908, Order 26, Rule 1 -- Local Commissioner to record evidence of a witness - Before appointing a Commissioner, Court to ensure (i) filing of examination-in-chief in the form of an affidavit with a copy to the opposite party; (ii) Immediately thereupon Court to resolve questions as regards the proof..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- `Cause of action' - Meaning - The expression means every fact which it would be necessary for the plaintiff to prove, if traversed, in order to support his right to the judgment of the Court - Every fact which is necessary to be proved, as distinguished from every piece of evidence which is necessary to prove each fact,..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Joint possession - In appeal additional evidence sought to be produced - Plaintiff seeking to produce excerpts of revenue record to prove ancestral nature of property - Document collecting excerpts of revenue record was not even tendered by plaintiff in evidence during trial in suit - No plausible..........
Easement Act, 1882, Section 13 -- Easement of necessity - Right to light and air - Houses originally belonged to a family - Present parties purchased the houses - Right to receive air and light claimed falls under Section 13 of the Act as an easement of necessity and not under S.15 which deals with acquisition of easement by prescription - Suit dismissed by Courts below..........
Punjab Civil Services ( Punishment and Appeal) Rules, 1970 -- Departmental Inquiry - Termination - Plaintiff was given an opportunity to examine witness in his defence and lead any other evidence - Plaintiff preferred not to examine any person including himself and was satisfied with the reply already given to the charge sheet - Said statement signed by the plaintiff - It..........
Civil Procedure Code, 1908, Order 7, Rule 3, Evidence Act, 1872, Section 92, 101 -- Evidence - Dispute regarding identity of property - Sketch plan prepared by the plaintiff - Not proved according to law - Written admission of defendant - Confronted with the same - Admitted its correctness - Placing reliance by Court on defendant's witness for conclusion that plaintiff..........
Civil Procedure Code, 1908, Order 8, Rule 6-A -- Counter claim - Sought to be filed after closure of plaintiff's evidence - Counter-claim cannot be permitted at that belated stage though the claim is within period of limitation - Stage at which counter-claim can be filed - Analysed...........
Agreement to sell -- Suit for specific performance - Substantial amount of the agreement paid to vendor and vendor continued to be in possession - - Extension of time duly proved by evidence of plaintiff and deed writer - Plaintiff ready and willing to perform his part of the contract also duly proved - Mere rise in prices due to pendency of litigation is not a ground to..........
