Code of Civil Procedure, 1908 (V of 1908), Order 16 Rule 20 -- Constitution of India, Article 227 -- Closing of evidence in suit – One opportunity to lead evidence -- Petitioner admits that there is some inaction on her part but proving of the Will is necessary -- Petitioner-defendant No.1 wants to examine only two witnesses, Lambardar and Record Clerk of DC Office -- Petitioner should not be non-suited merely on procedural technicalities -- No prejudice would be caused to other side if one opportunity is granted to the petitioner to lead remaining evidence -- Petition disposed with a direction to the trial Court to give one opportunity subject to payment of costs of Rs.10,000/-.

(Para 2-7)

Code of Civil Procedure, 1908 (V 0f 1908), Order 21 Rule 97 -- Suit for possession -- Execution of decree -- Third party objection – Framing of issues – Requirement of -- It is not necessary that in each and every case, irrespective of the merits of the objections, the Executing Court is required to frame issues -- After evaluating the objections and the reply filed by the parties, the Court is required to form an opinion as to whether any triable issue is involved in the given case or not.

(Para 7)

Code of Civil Procedure, 1908 (v oof 1908), Order 6 Rule 17 -- Suit for permanent injunction – Amendment of written statement -- In written statement, petitioner-defendant has categorically admitted about the respondents-plaintiffs to be in illegal possession of the suit property -- By virtue of proposed amendment, the petitioner-defendant intends to take a somersault and deny about the possession of the respondents-plaintiffs over the suit property and thereafter, assert itself to be owner in possession of the suit property -- This withdrawal of the admission shall be causing prejudice to the rights of the respondents-plaintiffs -- Applications for amendment of the written statement dismissed.

(Para 17-22)

Code of Civil Procedure, 1908 (V of 1908), Order 22 Rule 3(2) – Death of plaintiff – Limitation -- Abatement of suit --  Since there is an amendment made to Order 22 Rule 3 CPC (Amendment by High Court of Punjab, Haryana and Chandigarh), limitation period of 90 days would not be applicable -- Trial Court has rightly dismissed the petitioner’s application and has brought on record the legal representatives of deceased/ plaintiff no.1 -- No error in the impugned order passed by learned Trial Court so as to warrant interference by High Court – Revision dismissed.

(Para 8-11)

Code of Civil Procedure, 1908 (V of 1908), Section 96, 107, Order 41 Rule 23, 23A -- Remand by First Appellate Court – Power of -- Suit for possession by way of specific performance – Trial court dismissed the suit -- Due to the oversight plaintiff's evidence closed without permitting the defendant to cross-examine the plaintiff -- First Appellate Court chose to remand the case back to the trial Court for deciding it afresh – Held, First Appellate Court should have permitted the plaintiff to appear in the witness box and face cross-examination -- Appeal allowed, judgment passed by the First Appellate Court set aside, first appeal restored to its original number.

(Para 3-7)

Specific Relief Act, 1963 (47 of 1963), Section 28 – Code of Civil Procedure, 1908 (V of 1908), Section 96, Order 9 Rule 13 -- Recession of agreement to sell -- Ex-parte decree for specific performance on 12.3.2011 -- Amount to be deposited in the Court within 3 months -- Balance amount deposited by respondent/ plaintiff with the Court on 6.8.2011 – Petitioner/ defendant neither filed any appeal against ex-parte judgment nor filed any application under Order 9 Rule 13 CPC for setting aside of ex-parte decree, meaning thereby that he accepted the ex-parte decree – Application u/s 28 of the Act after more than 2 years of the passing of the ex-parte decree and after about 1½ year of the deposit of balance sale consideration by the respondent --  Held, there was no inordinate delay in depositing the balance sale consideration -- Delay in deposit was rightly condoned by the learned trial Court -- Application filed by the petitioner u/s 28 of the Act for recession of agreement dismissed.

(Para 7, 8)

Punjab Land Revenue Act, 1887 (XVII of 1887), Section 13, 158 – Code of Civil Procedure, 1908 (V of 1908), Section 9 -- Partition of land – Challenge to – Jurisdiction of civil court -- Against order passed by A.C., 1st Grade, the plaintiffs were having statutory remedy of filing an appeal to the Collector -- Said remedy was not availed by the plaintiffs – In the instant case, question of title has not been decided by the revenue officer during the partition proceedings -- Civil Court have no jurisdiction to entertain and try the suit filed by the plaintiffs – Suit dismissed.

(Para 14, 15)

Legal Services Authorities Act, 1987 (39 of 1987), Section 22-C(4) to (7), Section 22-C(8) – Permanent Lok Adalat – Conciliation proceedings – Necessity of -- No conciliation proceeding initiated by the Permanent Lok Adalat (Public Utility Services) before passing award -- Award set aside, matter remanded to the Permanent Lok Adalat (Public Utility Services) for fresh adjudication as per the procedure prescribed by law.

(Para 4, 5)

Specific Relief Act, 1963 (47 of 1963), Section 34 -- Code of Civil Procedure, 1908 (V of 1908), Order 7 Rule 11 – Advalorem court fees – Suit for declaration to the effect that the plaintiff is owner in possession over the suit property and sale deed is null and void and same be set aside with consequential relief of permanent injunction -- Dismissal of application under Order 7 Rule 11 by Trial court without noticing the law laid down by the Hon’ble Apex Court in Suhrid Singh @ Sardool Singh’s case -- Impugned order is bad in law -- Revision allowed, impugned order set aside and the learned Trial Court directed to decide the application under Order 7 Rule 11 CPC afresh, in the light of the law laid down by Hon’ble Supreme Court in Suhrid Singh @ Sardool Singh’s case 2010 (12) SCC 112 = 2012(2) L.A.R. 333 = (2010) Law Today Live Doc. Id. 12547.

(Para 5, 6)

Code of Civil Procedure, 1908 (V of 1908), Order 39 Rule 1 & 2 -- Punjab Land Revenue Act, 1887 (XVII of 1887), Section 45 – Punjab Municipal Corporation Act, 1976 (42 of 1976), Section 396 -- Temporary injunction – Making of dump over suit property by Municipal Corporation – Non-serving of notice u/s 396 of M. Corp. Act 1976 -- Objection as to Maintainability of suit -- Jamabandi entries in favour of plaintiff -- There is presumption in favour of the entries recorded in the record of rights i.e. jamabandi – Defendants/ Municipal Corporation not having any document in their favour and have not been able to demarcate the land -- Possession of the property on the vacant plot always vests with owner and even if the garbage is being thrown on the same by the public, it does not divest the true owner from its possession -- Use of property as a dump has no right to change the nature of the property -- Defendants can install the compactor at any other place -- Revision petition allowed, application under Order 39 Rule 1 and 2 CPC for grant of temporary injunction allowed and the defendants-respondents restrained from making a dump over the suit property.

(Para 4, 11-14)

Code of Civil Procedure, 1908 (V of 1908), Order 9 Rule 9 -- Dismissed in default – Date of knowledge – Limitation of 30 days for seeking restoration -- Explanation that on 16.08.2022, plaintiff was informed next date of hearing as 01.11.2022, and therefore, only on 01.11.2022, he came to know of the actual date of hearing was 01.09.2022 -- Broadly speaking, plaintiff is owning the mistake committed by him cannot be denied with his/her rights, without its adjudication in accordance with law – Suit restored subject to payment of cost of Rs.10,000/-.

(Para 5, 6)

Code of Civil Procedure, 1908 (V of 1908), Order 1 Rule 10 -- Specific Relief Act, 1963 (47 of 1963), Section 16 -- Suit for specific performance – Impleadment as party – An application for impleadment as a party/ defendant on the ground that respondent no.2/ defendant had executed an agreement to sell with regard to the same land with petitioner also -- Application was dismissed by way of impugned order – Held, remedy with the petitioner would be to file a separate suit for specific performance – Petitioner is not a necessary party and not even a proper party and it would be for the dominus litis to decide as to who is to be impleaded as a party in the civil suit -- No relief claimed against the petitioner -- Revision petition dismissed.

(Para 2, 5-7)

Code of Civil Procedure, 1908 (V of 1908), Order 14 Rule 5, Section 151 -- Framing of additional issue -- Suit for recovery on the basis of pro-note and receipt – In written statement there is specific preliminary objection that the pro-note and receipt is forged and fabricated document which is a result of fraud and misrepresentation, having prepared by the plaintiff in connivance with the marginal witnesses – Ld. trial Court was required to frame specific issue on this preliminary objection -- Trial Court directed to frame specific additional issue.

(Para 3)

A. Registration Act, 1908 (16 of 1908), Section 17, 49 – Transfer of Property Act, 1882 (4 of 1882), Section 107 -- Unregistered lease deed – Collateral purpose -- Nature and character of possession contained in a flawed document (being unregistered) in terms Section 107 of the 1882 Act and Sections 17 and 49 of the Registration Act can form collateral purpose when the “nature and character of possession” is not the main term of the lease and does not constitute the main dispute for adjudication by the Court.

(Para 13)

B. Registration Act, 1908 (16 of 1908), Section 17, 49 – Transfer of Property Act, 1882 (4 of 1882), Section 107 -- Unregistered lease deed – Nature of possession – Primary dispute -- Nature and character of possession constitutes the primary dispute -- Court excluded by law from examining the unregistered deed for that purpose.

(Para 13)

Specific Relief Act, 1963 (47 of 1963), Section 16 -- Limitation Act, 1963 (36 of 1963), Article 54 -- Suit for specific performance – Limitation -- Earnest money of Rs.1,000/- was paid out of the total sale consideration of Rs.6,000/- -- Appellants was to apply for permission to sell in 8 days of ATS – From the ninth (9th) day onwards a right accrued to the respondents to move Court -- ATS is dated 31.07.1975 and the suit was filed on 01.01.1981 -- Limitation for filing a suit for specific performance, as per Article 54 of the Schedule to The Limitation Act, 1963 is 3 years – Suit dismissed -- Lump-sum refund quantified at Rs.1,50,000/-.

(Para 5-14)

Indian Contract Act, 1872 (9 of 1872), Section 73, 74 – Code of Civil Procedure, 1908 (V of 1908), Section 100 -- Agreement to sell -- Suit for recovery of Rs.20 lacs given as earnest money – Suit dismissed by Trial Court affirmed by First Appellate Court -- Plaintiff was not ready and willing to buy the land in question on the target date fixed for execution and registration of the sale deed as he was not possessed with the balance sale consideration in the office of Sub Registrar itself – First appellate Court found that Section 73 and 74 of the Indian Contract Act, 1872 would not be of any help to the plaintiff because he himself has broken the agreement/contract -- No question of law much less substantial question of law arises in the instant appeal for the consideration of this Court – Appeal dismissed

(Para 2-8)

A. Code of Civil Procedure, 1908 (V of 1908), Section 11 Explanation IV -- Appointment as substitute primary teacher -- Constructive res-judicata – Issue of absorption as Assistant teacher -- In the earlier round of proceedings culminating in the order of the Court, this issue was never raised -- His claim for absorption as an assistant teacher in the Higher Secondary Section is clearly barred by constructive res judicata.

(Para 32)

B. Code of Civil Procedure, 1908 (V of 1908), Section 11 Explanation IV -- Constructive res-judicata -- Doctrine of constructive res judicata is based on the might and ought theory -- Doctrine itself is based on public policy flowing from the age-old legal maxim interest reipublicae ut sit finis litium which means that in the interest of the State there should be an end to litigation and no party ought to be vexed twice in a litigation for one and the same cause.

(Para 34, 35)

C. Master Circular dated 29.01.1991, Clause 6 – Past service as substitute teacher – Counting of past service on obtaining status of Temporary – Interest on arrears -- Appellant will be entitled to take into account the past service rendered by him as substitute teacher in different spells, from the date of obtaining temporary status -- Appellant has superannuated now -- Pay of the appellant shall be re-fixed after granting continuity of service with all consequential benefits in accordance with Clause 6 of the Master Circular -- All the necessary increments and allowances due on that basis also should be granted -- Retrial benefits also should be consequently reworked -- Unpaid arrears amount be paid to the appellant with six percent interest from the respective dates the various amounts fell due.

(Para 44, 45)

Code of Civil Procedure, 1908 (V of 1908), Order 16 Rule 20 -- Constitution of India, Article 227 -- Closing of evidence in suit – One opportunity to conclude evidence -- 10 effective opportunities were granted to the petitioner-defendant No.1 but only three witnesses were examined -- On a couple of occasions, the Bar was abstaining from work -- Trial Court did not commit any illegality in closing the evidence – However, matters should be decided on merits and parties should not be non-suited on technicalities -- One opportunity granted to the petitioner-defendant No.1 to lead his evidence subject to payment of costs of Rs.5,000/- to be paid to the plaintiff – Revision allowed.

(Para 6, 7)

A. Code of Civil Procedure, 1908 (V of 1908), Order 39 Rule 1 & 2 – Temporary injunction -- Before grant of temporary injunction, the plaintiff is required to satisfy three tests namely:-

i. Prima facie in his favour;

ii. Balance of convenience in this favour; and

iii. Irreparable loss and injury, if the injunction is not granted.

(Para 10)

B. Code of Civil Procedure, 1908 (V of 1908), Order 39 Rule 1 & 2 – Specific Relief Act, 1963 (47 of 1963), Section 41(h) – Transfer of Property Act, 1882 (4 of 1882), Section 52 -- Temporary injunction against Karta --  Appellate court held that plaintiff cannot restrain the karta (his father) to alienate the property -- Moreover, the defendant No.1 disputes the fact that plaintiff is his biological son -- It would not be appropriate to restrain the defendant No.1 from alienating the property particularly when the doctrine of lis pendens is applicable in view of Section 52 of the Transfer of Property Act, 1882 and the plaintiff shall not suffer any prejudice if alienation is made during the pendency of the suit -- No ground to interfere is made out – Revision dismissed.

(Para 12, 13)

A. Code of Civil Procedure, 1908 (V of 1908), Order 5 Rule 15 – Service of summons -- Respondent is stated to have been served physically through a member of his family -- Respondent stands duly served -- None has appeared on behalf of the respondent, the respondent is proceeded against ex parte.

(Para 5, 6)

B. Arbitration and Conciliation Act, 1996 (26 of 1996), Section 11(6) -- Appointment of arbitrator -- Landlord-tenant dispute – Lease deed would show that the parties had specifically agreed for resolution of the disputes through arbitration -- Notice to the respondent had specifically been called upon for initiation of arbitration proceedings, but to no avail – Such disputes can be adjudicated by way of arbitration – District and Sessions Judge (Retd.) appointed as the sole Arbitrator.

(Para 6-10)

Code of Civil Procedure, 1908 (V of 1908), Order 6 Rule 17, Section 151 -- Limitation Act, 1963 (36 of 1963), Article 59 -- Time barred claim – Amendment of plaint -- By amendment plaintiff wanted to challenge the relinquishment deed for which the limitation is 03 years – Relinquishment deed is dated 25.11.2014, application for amendment filed on 17.03.2020 – As a general rule, the Court should decline amendment if a fresh suit on the amended claim would be barred by limitation on the date of application – Ld. Civil Judge (Junior Division) allowed the amendment – In revision impugned order set aside.

(Para 1, 7-11)

Code of Civil Procedure, 1908 (V of 1908), Order 7 Rule 11, Section 11 – Res-judicata – Rejection of plaint -- Issue of res judicata could not have been decided on an application under Rule 11 of Order VII of CPC -- Adjudication on the issue involves consideration of the pleadings in the earlier suit, the judgment of the Trial Court and the judgment of the Appellate Courts -- Suit needs to be decided on merits with an issue on res judicata along with the other issues.

(Para 6, 7)

Code of Civil Procedure, 1908 (V of 1908), Order 41 Rule 31, Section 10 – Sub-judice – Multiple preliminary decrees -- Suit for partition -- Preliminary decree issued against the petitioner/ defendant -- Two sisters were not arrayed as parties -- Independent suit by them seeking partition – During the pendency of the said suit, they filed an application seeking yet another preliminary decree in the earlier suit -- Supplementary preliminary decree passed – Submission that having filed a separate suit, the separate application is hit by Section 10 of the CPC – Held, section 10 of the CPC not application in the case – Law does not bar passing of numerous preliminary decrees.

(Para 3-9)

Haryana Urban (Control of Rent and Eviction) Act, 1973 (11 of 1973), Section 13, 15 – Code of Civil Procedure, 1908 (V of 1908), Order 21 Rule 35, 36 -- Eviction – Execution -- Eviction order by Rent Controller in 2010 – Appeal of tenant dismissed in 2012 -- Execution petition was filed in the year 2019 -- Objection of petitioner-tenant dismissed and no stay order in appeal -- Warrant of the possession received back unexecuted – Impugned order for warrants of possession have been issued with a further direction to the bailiff to break open the locks of the shop in possession of the petitioner -- No illegality in the said order at all warranting interference in Revisional jurisdiction -- Revision petition dismissed.

(Para 1, 5, 6)

Code of Civil Procedure, 1908 (V of 1908), Order 6 Rule 17 -- Amendment in plaint – Belated stage -- Amendment can be allowed at any stage, but for the good grounds, spelt out for the same -- Amendment sought do not change the nature of the suit – Held, procedural law is handmaid to the administration of justice -- Party cannot be refused just relief merely because of some mistake, negligence, inadvertence or even infraction of the rules of procedure -- Declaration has been sought in the body of the plaint, but however, it was not mentioned in the head-note as well as prayer clause of the plaint – Proposed amendment is more or less of clarificatory nature -- It cannot be held that it is time barred claim – Ld. Court below had right so allowed the amendment, subject to payment of costs – Revision dismissed.

(Para 13-21)

Consumer Protection Act, 1986 (68 of 1986), Section 21 -- Consumer complaint -- Non-filing of written version by opposite party – Right to argue -- Although the opposite party had not filed its version and may not have participated in the proceedings before the NCDRC, nevertheless, had the right to address final arguments before the NCDRC -- Since the request for adjournment was refused and only the complainant was heard on merits, there has been a violation of the principles of natural justice -- Impugned orders set aside, matter remanded to the NCDRC to grant a reasonable opportunity to both sides to address arguments on merits.

(Para 9)

A. Hindu Marriage Act, 1955 (25 of 1955), Section 13A -- Code of Civil Procedure, 1908 (V of 1908), Section 24 -- Transfer of matrimonial dispute case – While considering the transfer of a matrimonial dispute/case at the instance of the wife, the Court is to consider family condition of the wife, custody of the minor child, economic condition of the wife, her physical health and earning capacity of the husband and most important, convenience of the wife i.e. she cannot travel alone without assistance of a male member of her family, connectivity of the place as well as bearing of the litigation charges and travelling expenses.

(Para 5)

B. Hindu Marriage Act, 1955 (25 of 1955), Section 13A -- Code of Civil Procedure, 1908 (V of 1908), Section 24 -- Transfer of divorce petition – Karnal to Sonipat -- Petitioner-wife residing with three minor children at Sonipat – Petition filed u/s 13-A of the Hindu Marriage Act, pending before the Family Court, Karnal transferred to the competent Court of jurisdiction at Sonepat.

(Para 6)

Court Fees Act, 1870 (7 of 1870), Section 7(IV) – Advalorem court fee -- Suit for declaration that sale deed is wrong, illegal, null, void, ab initio, false and frivolous document -- Land in dispute is an agricultural land, the cheque given to the plaintiff towards sale consideration was dishonoured and he has set up a case that he is in possession of the property and has not made any prayer for grant of decree of possession – Petitioner will pay the court fee 10 times of the revenue payable and not on the value of the property or the sale deed.

(Para 6-8)

A. Code of Civil Procedure, 1908 (V of 1908), Order 1 Rule 10 – Bonafide purchaser – Necessary/ proper party -- Suit against parents for declaration to the effect that suit property is Hindu Joint, ancestral and coparcenary property of the plaintiffs as well as defendants and they have birth right in the said property -- Mother of plaintiff sold property to petitioner -- Petitioner had specifically taken the plea about there to be collusion between the plaintiffs as well as their mother -- Plea of bonafide purchaser, has to be decided, before it can be held that no rights flow to him, on the basis of the sale deed in his favour – If the application for impleadment is thrown out, without decision on the aforesaid question, then certainly, the petitioner will come up with separate suit to enforce his alleged right, which means multiplicity of proceedings -- It cannot be said that petitioner is neither necessary or proper party to the suit – Application allowed.

(Para 10)

B. Code of Civil Procedure, 1908 (V of 1908), Order 1 Rule 10 – Impleadment as party -- Avoidance of multiplicity of proceedings -- Order 1 Rule 10 CPC enables the Court to add any person as party, at any stage of the proceedings, if the person, whose presence before the Court is necessary, in order to enable the Court to effectively and completely adjudicate upon and settle all the questions involved in the suit -- Avoidance of multiplicity of proceedings is also one of the objects of the said provision of the Code.

(Para 11)

A. Representation Of The People Act, 1950 (43 of 1950), Sections 83, 86 – Code of Civil Procedure 1908 (V of 1908), Order 6 Rule 15 --  Contents of election petition – Verification of pleadings – Affidavit -- Requirement to file an affidavit under the proviso to Section 83(1)(c) is not mandatory -- It is sufficient if there is substantial compliance -- As the defect is curable, an opportunity may be granted to file the necessary affidavit.

(Para 14)

B. Representation Of The People Act, 1950 (43 of 1950), Sections 83, 86 – Code of Civil Procedure 1908 (V of 1908), Order 6 Rule 15 – Election petition – Non-filing of separate affidavit -- Election petition contained on affidavit and also a verification -- In this very affidavit, the election petitioner has sworn on oath that the paragraphs where he has raised allegations of corrupt practice are true to the best of his knowledge -- Though there is no separate and an independent affidavit with respect to the allegations of corrupt practice, there is substantial compliance of the requirements under Section 83(1)(c) of the Act.

(Para 15)

Constitution of India, Article 227 -- Code of Civil Procedure Code, 1908 (V of 1908), Order 41, Rule 5, Section 5, 96 -- Appeal – Non-decisioning on stay application – No order passed on the stay application by learned Lower Appellate Court – In execution warrant of possession has been ordered to be issued against the property of the petitioner(s) – In the given circumstances, learned Lower Appellate Court shall look into the matter and dispose of the application for grant of stay, expeditiously, if not the main appeal.

(Para 1-4)

Contempt of Courts Act, 1971 (70 of 1971), Section 12, 14 -- Contempt -- Non-listing of matter before Supreme Court -- Merely because the matter is not listed on the date specified by the Court, cannot be a ground to initiate contempt petition against the Secretary General and Registrar (Listing) of the Court.

(Para 2)

Code of Civil Procedure, 1908 (V of 1908), Order 6 Rule 17 – Amendment of written statement – Proposed amendment/ plea is a matter of arguments -- Pleadings shall only state only the concise form of material facts and not evidence – Amendment application dismissed.

(Para 3)

Code of Civil Procedure 1908 (V of 1908), Section 100 – Electricity charges of Bar Association – Liability of Government – Arrears and future Bills of the three electricity connections i.e. Bar Room, Litigant Shed, and Bar Library to be paid by Haryana Government, decreed -- No irregularity, illegality or perversity -- Appeal dismissed.

(Para 2-7)

Code of Civil Procedure, 1908), Order 6 Rule 17 -- Amendment of plaint -- Suit for declaration that the alleged gift deed is illegal, null and void -- Amendment sought to clarify that the gift deed is result of fraud, mis-representation and executed by the petitioner under undue influence and after execution of the said gift deed, the respondent abandoned the petitioner and later on, the petitioner filed petition u/s 13 of Hindu Marriage Act and the same was allowed vide ex parte decree and that the respondent has shifted to Australia and got re-married – Proposed amendment is required for effective and proper adjudication of the controversy between the parties and the same is not going to cause any prejudice to the respondent – Amendment allowed subject to costs of Rs.7,000/-.

(Para 2-14)

A. Indian Evidence Act, 1872 (1 of 1872), Section 68, 69 -- Will -- Death of attesting witnesses – Proof of -- Sections 68 and 69 of Evidence Act are with regard to the procedure to be followed in order to prove any Will -- Section 69 of Evidence Act will be applicable as both the attesting witnesses of Will are stated to have died and as per the said provision of law the Will in question could be proved by examining witnesses who are able to identify the signatures/ attestation of one attesting witness atleast on the Will in question.

(Para 5)

B. Indian Evidence Act, 1872 (1 of 1872), Section 68, 69 – Code of Civil Procedure, 1908 (V of 1908), Section 151 -- Will -- Death of attesting witnesses – Examination of son of attesting witness – Respondent intend to examine son of one of the attesting witness of the Will to identify the signatures of said attesting witness on will in question as per the provisions of Section 69 of Evidence Act -- Said evidence is necessary for the just decision of the case -- Request for the same was made at the belated stage and for that the learned trial Court rightly burdened the respondents with cost of Rs.10,000/- -- No ground to interfere -- Revision petition dismissed.

(Para 6-8)

Indian Evidence Act, 1872 (1 of 1872), Section 45 – Code of Civil Procedure, 1908 (V of 1908), Section 9 -- Recovery suit -- Expert opinion -- Specimen signature/ Handwriting of plaintiff -- Respondent/ plaintiff himself admitted in his cross-examination that he is ready to give his specimen signatures and handwriting -- No prejudice would be caused to him -- Revision allowed, respondent/ plaintiff directed to give his specimen signatures and handwriting for comparison from the handwriting expert engaged by the petitioners/ defendants.

(Para 5)

Code of Civil Procedure, 1908) (V of 1908), Order 21 Rule 1(2) – Execution -- Money decree – Interest upon -- Deposit in the court – Necessity of notice to decree holder -- When the decretal amount is deposited by the judgment-debtor in the Court, it is imperative upon the judgment-debtor to give notice to the decree-holder about the deposit of the decretal amount -- Interest ceases to run on the deposit made by the judgment-debtor and notice given or on the amount being tendered outside the Court in the manner provided in Order 21 Rule 1(b) -- Interest will not cease to run merely by reason of making the deposit into Court unless it is followed by the service of notice -- Decree-holder’s right should be affected only after he is informed that the decretal amount is available for him and that he can draw it out of Court.

(Para 8)

Hindu Adoptions and Maintenance Act, 1956 (78 of 1956), Section 18 -- Code of Civil Procedure, 1908 (V of 1908), Order 18 Rule 17A, Order 41 Rule 27, Section 151 – Maintenance @ Rs.5,000/- per month -- Additional evidence in appeal -- Notwithstanding the deletion of Order 18 Rule 17-A of CPC, the Court has inherent powers to permit parties to lead additional evidence on such terms as may appear to be just – One opportunity granted subject to costs of Rs.5,000/- -- Respondent shall also be given an effective opportunity to rebut the evidence produced by the petitioner by way of additional evidence, if so required.

(Para 5)

Code of Civil Procedure, 1908 (V of 1908), Section 96, 100 – First Appeal – Second Appeal – Substantial question of law -- First Appellate Court is the final court on questions of facts but only if there is any substantial question of law, a second appeal could be considered and raised by the High Court and such substantial question(s) of law ought to be answered – It is practice and a mandatory requirement that at the time of admitting the regular second appeal, substantial question(s) of law must be framed, on the basis of which the arguments must be advanced and a decision given thereon -- It is also permitted that once the arguments have been advanced, the court is at liberty to re-frame or frame fresh substantial questions of law and answer the same on hearing the learned counsel for the respective parties.

(Para 7)

Haryana Urban (Control of Rent and Eviction) Act, 1973 (11 of 1973), Section 13, 16, 18 – Code of Civil Procedure, 1908 (V of 1908), Order 18 Rule 3A – Eviction petition – Examined of other witnesses by landlady – Examination of landlady thereafter – Objection to -- Rent Controller can proceed with the trial by following its own procedure -- Provisions of CPC are made applicable as provided u/s 16 of Act, 1973 regarding summoning and to enforce the attendance of witnesses -- Section 18 of the aforesaid Act explained that for the execution of the orders the provisions of Civil Procedure Code are strictly applicable -- Therefore, it cannot be said that all the provisions of CPC are applicable to the petition filed under Act, 1973 – Application under Order 18 Rule 3A declined by Rent Controller, upheld.

(Para 1, 4)

Code of Civil Procedure, 1908 (V of 1908), Order 14 Rule 5 -- Additional issue -- Application under Order 14 Rule 5 CPC could not be disposed of simply on the ground that the same has been filed at a belated stage.

(Para 1, 9)

A. Code of Civil Procedure, 1908 (V of 1908), Order 21 Rule 35 -- Decree for immovable property – Execution -- Where a decree for possession of an immovable property has been passed, the possession thereof is to be delivered to the party to whom it has been adjudged -- However, where the decree is for joint possession of immovable property, only symbolic possession is to be delivered.

(Para 13)

B. Code of Civil Procedure, 1908 (V of 1908), Order 21 Rule 35 -- Decree for declaration -- Execution -- All parties held to be entitled to 1/4th share each -- It was, therefore, a decree for declaration and at best a decree for joint possession -- Only remedy for seeking physical possession would be to file a suit for possession/ partition as per the facts of the case and not to file an execution petition for the same -- As per the provisions of Order 21 Rule 35 (2) CPC, only symbolic possession could have been delivered.

(Para 14)

Code of Civil Procedure, 1908 (V of 1908), Order 7 Rule 11(a) and (d), Section 11 -- Rejection of plaint – Res-judicata –  Maintainability of plaint – Premilitary issue -- Plaint does not give any clue about any previous litigation -- Contents of the written statement or any other document or even those of the application for rejection of plaint to this effect especially in the absence of pleadings in the plaint cannot be gone into -- Plaint could not have been rejected on the ground that it was barred by the principle of res judicata -- Liberty granted to the petitioner to raise an issue of maintainability of the suit before the trial Court -- Trial court would consider whether a preliminary issue should be framed with regard to the plea of res judicata and, in case, a preliminary issue is so framed, the same would be decided within a period of three months from the date it is framed.

(Para 12, 13)

Constitution of India, Article 14, 226 – Code of Civil Procedure, 1908 (V of 1908), Section 34 -- Interest on arrears of salary/ pension -- Once, a similarly situated employee allowed the benefit of interest by the Department, the same needs to be extended to the mother of the petitioner also on the arrears of salary/pension -- Denial will amount to discrimination, which cannot be permitted – Petitioner held entitled for interest on the arrears which have already been released to the mother of the petitioner @ 6% per annum from the date the payment became due till the actual disbursement of the same.

(Para 6, 9-11)

Code of Civil Procedure, 1908 (V of 1908), Order 6 Rule 17 -- Amendment of plaint -- During the lifetime of the plaintiff, when the cause of action to file suit arose, he was the best person to acknowledge the complete facts -- During his lifetime, two attempts were made for seeking amendment in the plaint, in which he is stated to have failed -- Legal Representatives, who are now stepping into the shoes of the plaintiff cannot be expected to have better knowledge than their father -- Permission to amend the plaint cannot be allowed.

(Para 6-8)

Code of Civil Procedure, 1908 (V of 1908), Section 100 -- Probation of Offenders Act, 1958 (20 of 1958), Section 12 – Conviction of employee –Probation – Termination of service -- Appellant ordered to be released on probation of good conduct -- Employee cannot claim a right to continue in service merely on the ground that he has been given benefit of probation – Appeal dismissed.

(Para 2, 6)

A. Consumer Protection Act, 1986 (68 of 1986), Section 12 -- Second complaint -- Withdrawal of the earlier complaint – Bar to second complaint -- Having not argued, before the State Commission, the point of the present complaint being barred in view of the withdrawal of the earlier complaint, the National Commission was not justified, in allowing the respondent-Insurance Company to urge that point therefrom.

(Para 5)

B. Consumer Protection Act, 1986 (68 of 1986), Section 12 – Code of Civil Procedure, 1908 (V of 1908), Order 23 Rule 1(4) -- Theft of vehicle --Withdrawal of the complaint – Maintainability of second complaint – Complaint filed after theft due to non-settlement of claim by the Insurance Company -- Repudiation of the claim was made during the pendency of the said complaint -- Complaint withdrawn by the advocate on the pretext of the case being prolonged by the advocate of the Insurance Company, without having express instructions for withdrawal of the said complaint -- For the fault of the advocate, the complainant cannot be made to suffer -- Complaint cannot be thrown out on the threshold of Order XXIII Rule (1)(4) CPC and in the peculiar facts, it requires consideration on merits.

(Para 8)

C. Insurance law -- Theft of vehicle -- Repudiation of claim -- Non-standard claim -- Vehicle left unattended by driver with keys inside -- It is not the case of the Insurance Company that the Claimant consented or connived in the removal of the vehicle, would not be theft, in the eye of law -- Time gap between the driver alighting from the vehicle and noticing the theft, is very short as is clear from the facts of the case -- It was not a fundamental breach of Condition warranting total repudiation -- 75% ought to have been awarded on a non-standard basis.

(Para 11-16)

Code of Civil Procedure, 1908 (V of 1908), Section 25 -- Motor Vehicles Act, 1988 (59 of 1988), Section 166 – Transfer of claim petition u/s 166 of MV Act -- Not mandatory for the claimants to lodge an application for compensation u/s 166 before the MACT having jurisdiction over the area where the accident occurred -- On the contrary, sub-section (2) of Section 166 provides an option for the claimants to approach the MACT within the local limits of whose jurisdiction they (claimants) reside or carry on business or the defendant resides.

– Claimants having chosen the option to approach the MACT, Farrukhabad at Fatehgarh, U.P., a forum that law permits them to choose, no grievance can be raised by the petitioner.

-- Urged that since all the witnesses of the petitioner are from Siliguri, language could be a barrier. Contention has been urged only to be rejected.

If the contention of the petitioner is to be accepted, it is the claimants who would be seriously prejudiced not being in a position to communicate and convey their version in Bengal -- Transfer Petition dismissed.

(Para 4-6)

Code of Civil Procedure, 1908 (V of 1908), Order 11 Rule 1 and 2 -- Interrogatories -- Proposed interrogatories are held to be nothing else but in the nature of cross-examination and would impact the evidence already led by the parties -- Held purpose of Order XI Rules 1 and 2 CPC is not aimed at to fill up the lacuna at a belated stage.

(Para 13)