Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Earlier plaintiff sought amendment of plaint which was allowed - At the time of final arguments defendant realised that there was requirement to amend the written statement - Perusal of proposed amendment proves that these amendments in the written statement are necessary consequences of..........
Civil Procedure Code, 1908, Order 8, Rule 1A -- Late production of documents - No pleading of the defendant in written statement regarding documents sought to be produced - Application rightly rejected...........
Agreement to sell -- Specific performance - Readiness and willingness - Defendant denied the execution of agreement - However, plaintiff has duly proved the agreement - Neither averment in written statement that plaintiff was not ready and willing to perform his part of contract nor there was any suggestion to that effect in the cross-examination of plaintiff - Plaintiff..........
Evidence Act, 1872, Section 91, 92 -- Oral evidence to contradict contents of document - Agreement to sell - Parties ought to be bound by terms of written deed or contract and it is only in most extraordinary circumstances, suggesting a sham transaction or an entirely different one from which had been scripted in contract or deed, that oral evidence may be considered..........
Judicial service -- Appointment - Vacancies on which appellants were appointed were never advertised and such vacancies cannot be termed as anticipated vacancies - However, appellants have been working as judicial Officers now for nearly 10 years after successfully passing written examination and viva voce - Therefore, unseating appellants from their posts would not be in..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Concurrent findings of fact that plaintiff was allotted the suit land vide sale certificate which was duly proved by PW3 - Failure of defendants to produce any sale certificate in their favour as set up by them in written statement besides even proving their possession over suit..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of party - Partition suit - Trial Court ignoring the fact that all sharers have not been made as parties and proceeded to decree the suit despite there is specific contention taken in written statement regarding non-joinder of necessary parties and also there is previous partition - Impugned order of rejecting..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of claim petition - Proceedings under Motor Vehicle Act - While passing the order, not dealing with stand of opposite party in its objections amounts to perversity and deserves interference - Moreover no opportunity was given to the opposite party to file Additional/Amended written statement in response to the..........
Civil Procedure Code, 1908, Section 151, Order 8, Rule 1 -- Written statement - Late production of documents - Documents in question are public documents and reliability and sanctity of the same cannot be doubted - Trial is still at evidence stage of defendant - Documents cannot be rejected merely on the ground of delay, as defendant validly disclosed the reason for not..........
Civil suit -- Expeditious disposal - Directions issued : (i) Courts to ensure proper execution of summons in a time bound manner; (ii) Courts to ensure that written statement is filed with prescribed limit; (iii) Courts to ensure that after pleadings are complete, parties are called to appear as indicated in Order 10 and record admissions and denials and direct parties to..........