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...(DW2) on 20.3.2009 The trial court found that the aforesaid two letters were brought on record on the application filed by the defendant under Order 8 Rule 1A CPC on...be reasonable because the order dated 22.9.2008 by which the aforesaid two documents were placed on record by accepting the application of the defendant filed under Order 8 Rule 1A ...Mohammad Rafiq, J.:— This writ petition has been filed by the plaintiff-petitioners way back on 30.4.2010 against the order dated 26.3.2010 The learned trial court by the aforesaid order...
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..., No. 1, Sikar, dismissing an application under Order 8 Rule 1A(3) CPC for taking on record the trace map and Jamabandi of the khatedari land of the defendants-petitioners...the suit, the defendants filed their written statement of denial and submitted documents in defence therewith under Order 8 Rule 1A CPC. On the pleadings of the parties, the...opportunities had been taken by the counsel for the defendants for the purpose. Thereafter only on 19.04.2011 the defendants filed an application under Order 8 Rule 1A(3) CPC sta...
...
8 Rule 1A CPC seeking for summoning the Will dated 14.10.2007 said to have been produced in O.S.No.323/2009 before II Addl.Civil Judge, Mangaluru having been rejected by ...; rejection of application by trial Court is erroneous and he prays for allowing the application.
4. The very invoking of provision of Order 8 Rule 1A CPC by first defendant...
Heard learned Advocate appearing for petitioner.
2. Petitioner is first defendant in O.S.No.32/2013. Application-I.A.No.8 filed under Order...
...(hereinafter “the defendant”) application under Order 8 Rule 1A(3) CPC.2. Admittedly the suit for declaration and permanent injunction by the plaintiffs-respondent...defendant filed an application under Order 8 Rule 1A(3) CPC inter alia seeking to bring on record certain judgments passed in disputes between the plaintiffs and the...defendant by the revenue courts. The trial court on consideration of the matter found that the documents referred to in the application under Order 8 Rule 1A(3) CPC were in...
...plaintiff for the defendant is provided under Order 8 Rule 1A CPC. As per both the provisions, either under Order 7 Rule 14 or under...which could not be produced along with the pleadings can be produced at any subsequent stage. Order 7 Rule 14 and Order 8 Rule 1A CPC are being reproduced hereu...evidence. The trial Court rejected the application of the plaintiff on the ground that Order 18 Rule 17(A) CPC has been omitted and as per the directions of this Court vide...
...Order 8 Rule 1A readwith 151 CPC. Also under challenge is the order passed on the petitioner-defendants’ application under Order 14 ...proof whereof was cast upon the defendant. Thereafter the defendant filed the application under Order 8 Rule 1A r/w 151 CPC as also the application under...trial court dismissed the defendant's application under Order 8 Rule 1A CPC.8. So far as the other application under Order 14 Rule 5 ...
...-examination of the defendant No.2, namely, Badri Prasad as well as an application under Order 8 Rule 1A CPC for taking document on record for the purpose of cross-examination of...trial Court has allowed applications preferred by the respondent No.5 under section 151 and under Order 8 Rule 1A of the Code of Civil Procedure.
I have...Article 227 of the Constitution of India the petitioner has assailed the validity of the order dated 28.10.2014, by which, the...
.... Division), Chirawa, District Jhunjhunu dismissed the application of the petitioner-defendant filed under Order 8 Rule 1A CPC.2. Heard learned counsel for the parties and carefully...BY THE COURT:By way of the instant writ petition, the petitioner has implored to quash and set-aside the order dated 22nd August, 2008, whereby the learned Civil Judge (Jr...perused the relevant material on record including the impugned order.3. Having heard the learned counsel for the parties and scanned the impugned order, it is revealed that the documents...
...Bilaspur, H.P., whereby two applications preferred by the defendants; one under Order 8 Rule 1A CPC and the other under Order 18 Rule 17-A read with Section 151 CPC, were dismiss...of Code of Civil Procedure it was incumbent upon the defendants to bring on record all the documents in their possession in respect of their defence alongwith written statement. No doubt, under Order 8 Rule 1-A(3), the docu...dismissed on 12.03.2018.(iii). Once again at the stage of arguments, two applications were moved by the defendants on 15.03.2018. One was under Order 8 Rule 1-A praying for placing on...
...challenged the order dated 19-8-2015 passed by the Additional Civil Judge (Junior Division) (West) Jaipur City in Civil Suit No.346/1999 dismissing her application under Order 8 Rule ...30-7-2008.
During the course of proceedings of the suit, on 9-3-2015 the defendant moved an application under Order 8 Rule 1A (3) CPC for taking on record...consideration of the facts of the case.
The discretion of the court under Order 8 Rule 1A (3) CPC is not a matter of right of the defendant but its exercise...
...under Order 18 Rule 17 and Order 8 Rule 1A, CPC for permission to adduce further evidence and to mark additional two documents were rejected by the trial court.
...COMMON ORDER DTD 13/09/2023
MADE ON IA FILED UNDER SEC 151 OF CPC FOR REOPEN UNDER
ORDER XVIII RULE 17(a) AND UNDER VIII RULE 1(a) IN...Addl. Senior Civil Judge and JMFC, Tumakuru is directed against the impugned order dated 13.09.2023 whereby the applications filed by the petitioners-defendants under Section 151, CPC to reopen the case...
...contents of the application in fact related to Order 8 Rule 1A (3) CPC. The application was opposed by the plaintiff on the ground that no reference with regard to the documents...exercise of its discretion on an objective consideration of the facts of the case. The discretion of the court under Order 8 Rule 1A (3) CPC is not a matter of right of the...defendants but its exercise dependant on the surrounding facts and circumstances. Under Order 8 Rule 1A CPC a defendant when relies on a document in defence is required to...
...dated 08.04.2022 passed by the learned Civil Judge, Malakhera, Alwar whereby, an application filed by him under Order 8 Rule 1A (3) CPC, has been dismissed.
2. The facts in brief are...that the respondents/plaintiffs filed a suit for permanent and mandatory injunction against the petitioner in the year 2012. During course of trial, the petitioner moved an application under Order 8 Rule 1A (3) ...through the application filed by the petitioner seeking leave of the Court under Order 8 Rule 1A (3) CPC and finds that it is bereft of any reason as to why no reference of it was made in the written...
...exception to the order dated 10/2/16, whereby the trial Court has allowed the application filed by defendant no.1 under Order 8 Rule 1A(3), permitting the defendant to place on r...trial Court under Order 8 Rule 1A(3), CPC, essentially, is discretionary in nature to ensure substantial justice between the parties.
Photocopy of sale deed...8 Rule 1A(3), CPC.
Under such circumstances, the trial Court has not committed any illegality in allowing the application under Order 8 Rule ...
...defendants) under Order 8 Rule 1A(3) (2 of 3) [CW-20538/2017] and 151 CPC has been dismissed. The facts of the case are that the respondents-plaintiffs...Order 8 Rule 1A(3) CPC praying that the copy of the registered sale deeds dated 30.1.1973, 19.8.1977 and 15.4.1981 be taken on record. The said application was opposed by the...differences in the facts mentioned by the defendants in the earlier application dated 19.11.2012 under Order 8 Rule 2 CPC and the instant application under ...
...Order 8 Rule 1A CPC
8. The trial Court while passing the impugned order has correctly observed that no mention of these documents...challenge has been laid to order dated 17.02.2023, passed by the learned Civil Judge, Nalagarh, District Solan, HP, whereby an application filed under Order 8 Rule 1-A read with Section 151 CPC, by the....
3. From a perusal of the application filed under Order
8 Rule 1-A read with Section 151 CPC, it is evident that the petitioner/defendant intended to...
...that :
"The Court can exercise power under Order 8 Rule 1A(3) CPC if the petitioners are able to establish that they were prevented by sufficient...petitioners to introduce documents and receive the same condoning delay in fling the documents, at the stage of admission.
Order 8 Rule 1A CPC o...evidence would lead to failure of justice. However, fair amount of discretion is vested by Order 8 Rule 1A (3) CPC in the Courts to permit filing the documents. No hard and fast principles can be laid...
..., the application filed by the petitioner under Order 8 Rule 1A CPC seeking to place on record the original documents has been dismissed on the ground that the same were filed..., in view of the above, the order dated 25.07.2019 rejecting the application of the petitioner under Order 8 Rule 1A and orders dated 12.12.2019 and 22.08.2019 are set aside.../2020 (stay) & CM(M) 272/2020 & CM APPL.8098/2020 (stay) CM(M) 272/2020 & Page 2 of 4 CM(M) 23/2020 1. Petitioner in CM(M) 272/2020 impugns order dated 25.07.2019, whereby...
..., the application filed by the petitioner under Order 8 Rule 1A CPC seeking to place on record the original documents has been dismissed on the ground that the same were filed..., in view of the above, the order dated 25.07.2019 rejecting the application of the petitioner under Order 8 Rule 1A and orders dated 12.12.2019 and 22.08.2019 are set aside.../2020 (stay) & CM(M) 272/2020 & CM APPL.8098/2020 (stay) CM(M) 272/2020 & Page 2 of 4 CM(M) 23/2020 1. Petitioner in CM(M) 272/2020 impugns order dated 25.07.2019, whereby...