Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Defendants did not deny existence of orders sought to be produced by plaintiff - Certified copies of orders are per-se admissible in evidence - Orders are inter parties and have bearing on merits of suit - Held, ends of justice would be met if proposed additional evidence is allowed on payment of costs..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Application for setting aside of - Delay of nearly two years - Petitioner was able to prove that acknowledgment was received by Court showing that suit summons were served on 01.12.2008 - Plea of respondent that he had no knowledge of passing of the ex parte decree - Held, such plea is an utter falsehood -..........
Civil Procedure Code, 1908, Order 7, Rule 11, Northern India Canal and Drainage Act, 1873, Section 30A -- Rejection of plaint - Order shifting land - Jurisdiction of civil Court - Held, in case trial Court arrives at a conclusion that mandatory provisions of statute have not been complied with, then suit of plaintiff would be maintainable - It will be premature at this..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Interim injunction - Violation - Proceedings U.O.39.R.2-A - Contempt proceedings - Discretion of Court - Held, it is sole discretion of Court to proceed in contempt - Contempt proceedings are essentially between Court and contemnor - All that petitioner can do is to bring to the notice of Court of breach of any order of..........
Criminal Procedure Code, 1973, Section 204,397 -- Complaint - Summoning order - Revision against - Held, maintainable...........
Civil Procedure Code, 1908, Section 96 -- Indigent person - First appeal - Permission for - Lower appellate Court erroneously observed that plaintiff-petitioner paid court fee in trial Court and dismissed application for permission to file first appeal as indigent person - Held, very basis of dismissing said application is erroneous and factually incorrect - Impugned order..........
Civil Procedure Code, 1908, Order 17, Rule 1 -- Closure of evidence - Validity - Held, granting of eleven effective opportunities to defendants for their evidence instead of three opportunities stipulated by law is more than sufficient - Order closing evidence of defendants No.8 to 10 proper - Revision dismissed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Main claim of plaintiff-petitioner had been that defendant No.1 has got 1/8th share in property mentioned in heading of plaint - Defendant No.1 having sold property despite injunction order and subsequent event having cropped up warrant incorporation of new pleas and new relief of declaration by..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of local commissioner - Demarcation of suit land - Held, since at the time of earlier demarcation defendant was absent, it is necessary to obtain demarcation to prove encroachment of plaintiff's land by defendant by way of reliable evidence - Encroachment of plaintiff's land by defendant can be established only by..........
Civil Procedure Code, 1908, Order 21, Rule 32, 36, Partnership Act, 1932, Section 14 -- Suit for rendition of accounts compromised - Held, there is simultaneous obligation of both parties to stick to their statements - If defendant had a right to implement command of Court by executing decree at the same time defendant had a right to seek an execution of undertaking made..........
