Counsel for the Defendant objected that the addresses of Legal Representatives are not correct. Whether the suit property is joint family property of parties? The reason is that if the cause before the Court is such that it lacks the jurisdiction to adjudicate it, and the defendant in the suit or for that matter, the plaintiff did not bestow their attention to it, the very act of entertaining the suit; may become untenable. The principle underlying clause d of Order 7 Rule 11 is no different. But dismissing a suite on merits of the case would be a decree. The averments to that effect have been made in paragraph 14 of the plaint. File transferred to the court of Shri Prashant Kumar, Civil Judge. Whether these documents included the lease deeds in issue, is a matter which can only be ascertained after evidence is led by the parties.
In our considered view, learned amicus curiae has discharged his obligation towards the profession in an exemplary manner. In the year 1952, almost about half a century ago, the government allotted a residential house bearing nos. This Court has repeatedly held that courts should constantly endeavour to follow such a time schedule. Order 6 Rule 17 dismissed. The court should firstly award appropriate costs to the other party to compensate for the delay. . The reason for this is obvious.
That application was filed after both the parties closed their evidence. It is also stated that Order 19 Rule 2 is not applicable in respect of Interlocutory Applications and examination of deponent arises only in cases where third party affidavits are filed. The plaintiffs shall ensure the presence of their witnesses for the purposes of their examination on the date fixed above. Aneja has also argued that the plaintiffs have not as a matter of fact impugned the said lease deeds. According to the learned author lesser the court's attention towards full restitution and realistic costs, which translates as profit for the wrongdoer, the greater would be the generation of uncalled for litigation and exercise of skills for achieving delays by impurity in presentation and deployment of obstructive tactics.
Is there any possibility of rectifying the said application itself? Therefore, the two branches of the family emerged. Expenses to be paid into court. There must be a suit — Decree can only be given in relation to a suit. Adjourned for reply and arguments. King Emperor explained as to provisions of law must be understood. It was also their case that the affairs with respect to the said property no.
The truth or otherwise of the facts or contents so stated would have to be proved by admissible evidence, i. While granting ad interim ex-parte injunction or stay order the court must record undertaking from the plaintiff or the petitioner that he will have to pay mesne profits at the market rate and costs in the event of dismissal of interim application and the suit. Sub Rule 2 refers to the discretion given to the court where the court may try issue relating to the jurisdiction of the court or the bar to the suit created by any law for the time being in force as preliminary issue. Prompt disposal of witnesses— When witnesses are in attendance, every effort should be made to record their evidence promptly and they should not be required, as far as possible, to attend again at any adjourned hearing. Ram Kishan Sanghi, their mother, Smt. Civil Procedure Code, 1908, Order 11, Rule 14-- Production of documents - Suit for declaration of title - Sanctioned plan to locate the plaint scheduled property in custody of defendant is sought by way of application U.
The plea raised by the contesting respondents is in fact a plea of demurrer. In simple terms, a decree is the ruling of the court regarding the claims of the parties of the suit. It is specifically averred that this partnership deed was witnesseth by Mr. Applications after applications are being filed by the appellants at every stage, even though orders of the trial court are based on sound reasoning. In such circumstance, as rightly observed by the trial Court at this belated stage and that too after the conclusion of the evidence and final arguments and after reserving the matter for pronouncement of judgment, we are of the view that the plaintiff cannot be permitted to file such applications to fill the lacunae in its pleadings and evidence led by him. The Court must adopt realistic and pragmatic approach in granting mesne profits.
Despite repeated demands, requests, and reminders, the appellant has not cleared the outstanding amount. Not so fatal in my view,it may be taken to understand summons as it is difference of nomenclature. Bonda Rama Lakshmi and others , Nadella Estates Pvt. Prema Ravindranath and others supra and Ali Bin Aifan supra are per incuriam, as per the judgment of Honble Supreme Court in Fuerst Day Lawson Ltd. Or, the Court, may, in lieu thereof, or in addition to it, issue a warrant, with or without bail, for the arrest of such person and may make also an order for the attachment of his property to such an amount as it deems fit to cover the costs of the attachment and any fine which may be imposed for his failure to attend, not exceeding Rs. At this juncture, it may perhaps be pertinent to refer to order dated 06.
The said joint family, it is averred, resided in a tenanted property situated at 61, Darya Ganj, Delhi. History The Code of Civil Procedure was first formulated in 1859 and was later updated in 1877, 1859, 1882 and to its present form that was made in 1908. From a conspectus of the facts obtaining in this case, as brought out in the plaint, in my view, evidence would be required to be led by parties. Even if a party voluntarily appears in the witness-box to give evidence in his own favour and deliberately keeps himself away after examination-in-chief and before cross examination, the Court cannot exercise its power under the amended Rule also. In view of the above, the captioned application is dismissed. Reiterating the same principle in Abdulla Bin Ali V.