Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Court has to look into the plaint averments and documents filed along with plaint but not the averments in written statement...........
Civil Procedure Code, 1908, Order 6, Rule 1 -- Pleadings - Non-denial by plaintiff of a plea raised in written statement cannot lead to an inference of admission by him...........
Evidence Act, 1872, Section 92 -- Oral evidence - Parole evidence of parties different from written terms of contract is against the rule of exclusion of oral by documentary evidence...........
Matrimonial dispute -- Speedy disposal of cases relating to marriage and family affairs within a time frame - Guidelines issued for strict observance by all Family Courts in Delhi, till such time rules are formulated by State Government in consultation with High Court of Delhi Viz. (A) Issue of Summons: When a suit has been duly instituted, a summons may be issued to..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Parameters summarised for taking secondary evidence, viz. (i) party seeking to lead documentary evidence must lay down some foundational evidence either in plaint or in written statement as the case may be that alleged copy is in fact true copy of original; (ii) party seeking to lead secondary evidence should..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Property of senior citizen - Eviction of son - Petitioner son contended that suit property is ancestral property - However, no document or material on record to show that property is ancestral in nature in which petitioner had any right - More so, petitioner himself raised the plea in written..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - Suit for declaration and permanent injunction - Both the parties claim title over suit property - In case of title over suit property, parties should prove their case by themselves by letting legally acceptable evidence - Considering nature of relief sought in the suit and rival claim..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Amendment sought to correct the North and South boundary of suit property - Defendant himself stated in counter raised to the application that description of suit property was incorrectly given by plaintiff - No plea of malafide was taken by defendant before trial Court - Defence taken..........
Civil Procedure Code, 1908, Order 8, Rule 1A -- Production of documents - Certified copies of documents which have already been placed on record with written statement - No new document is sought to be brought on record by filing application U.O.8.R.1(3) CPC and thus, no prejudice is caused to plaintiffs in such circumstances - Application allowed...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for specific performance - Concurrent findings on record that khatedari rights accrued to defendants in the year 2013 and therefore in terms of S.13 of Specific Relief Act, plaintiff entitled to ask for specific performance - Both the Courts below also found that said ground was not raised by defendants in..........
