Civil Procedure Code, 1908, Order 8, Rule 1, Civil Procedure Code, 1908, Order 9, Rule 13 -- Written statement-cum counter claim - Several adjournments availed to file written statement - Defendant debarred from filing written statement - Thereafter defendant proceeded ex parte - Ex parte decree set aside - Held, O.9.R.13 CPC cannot be made for retrieving lost opportunity..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Suit for declaration of title - Plaintiff sought to admit notice issued by Tehsildar in Encroachment case - Appellate Court delved deep into the matter and held that it is admitted case that title rests with defendant - Encroachment case in the year 1989 initiated against plaintiff..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Right of residence - Shared household - Pending suit for mandatory injunction for eviction of daughter-in-law filed by father-in-law - Admittedly, wife stayed in the said house with the husband till the husband managed to flee abroad - Hence, Court below rightly concluded that right of daughter-in-law to..........
Civil Procedure Code, 1908, Order 23, Rule 1, 2 -- Withdrawal of suit with liberty to file fresh suit - Order allowing withdrawal of suit will not affect law of limitation - If a fresh suit is filed plaintiff is bound by the law of limitation as if the first suit had not been instituted...........
Civil Suit -- Contesting parties to the suit must get fair opportunity to contest the suit on merits in accordance with law - A decision rendered by Courts in an unsatisfactory conducting of trial of suit is not legally sustainable - It is regardless of the fact that in whose favour decision in the trial may go...........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand of case on the grounds, viz. (a) Defendant not afforded an adequate opportunity to file his written statement; (b) In the absence of written statement defendant could neither adduce proper evidence nor file any documentary evidence in support of his case; (c) Suit decided on the basis of insufficient evidence as such..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Suit for specific performance - Petitioner resisted delivery of possession in pursuant of sale deed obtained by DHs in suit on the ground that defendants had no title in suit property - Executing Court decided the issue in favour of petitioner, and returned finding that father of..........
Transfer of Property Act, 1882, Section 106 -- Notice - Validity - Eviction suit - When a statement has been given on oath, then onus lies upon plaintiff to prove that notice was sought to be served upon defendant but he actually refused to receive the same...........
Transfer of Property Act, 1882, Section 106 -- Notice - Validity - Eviction suit - DW1 categorically denied of having been sought to be served any notice for ejectment - Onus lies upon plaintiff to prove that notice was sought to be served upon defendant - Except producing envelope containing endorsement of `Refusal' to rebut evidence of defendant that he did not receive..........
Civil Procedure Code, 1908, Order 37 -- Summary suit - Burden and initial onus in summary procedures lie entirely on defendant to establish, at least prima facie that defence projected by defendant is not flimsy or mere moonshine...........
