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Showing posts with label party to proceeding. Show all posts
Showing posts with label party to proceeding. Show all posts
Tuesday, 2 January 2024

Whether plaintiff or a defendant, while deposing as a witness, can be confronted with documents in cross- examination completely divorced from or foreign to the pleadings made?

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 The differentiation between the party to a suit and a witness, as is made clear by our earlier discussion, is not something that gels with ...
Sunday, 23 February 2020

Whether litigant seeking condonation of delay due to negligence of his Advocate should make him a party to proceeding?

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 This submission, at the first blush, appears very attractive and tends the Court to interfere with the matter.  However, after hearing th...
Friday, 28 December 2018

Supreme Court: Decree passed after impleading some of legal heirs is binding on legal heirs who were not party to proceeding

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 It is true that the cases of the Madras and Orissa High Courts did not relate to the estate of a Muslim debtor.  But the rule, as already...
Sunday, 11 March 2018

Whether small cause court has jurisdiction to decide dispute between legal heirs of tenant if landlord is not party to that proceeding?

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The private rights or disputes between the legal heirs of the of the deceased tenant, and specifically when the landlord is not party and/...
Monday, 2 October 2017

Whether legal heir not party to proceeding will be bound by decree?

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Lastly, reliance was placed upon the observations of the Supreme Court in the matter of N.K. Mohammad Suleman v. N. C. Mohd. Ismail, MANU/...
Saturday, 30 January 2016

Whether court witness can be cross examined by any party to proceeding?

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The object of  Section 311  is to bring on record evidence not only from the point of view of the accused and the prosecution but also fr...
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Wednesday, 30 January 2013

Whether it is mandatory to add adulterer as a party to divorce petition on the ground of adultery?

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 I follow the principles laid down in the case of D. Thomas v. Tara, AIR 1978 Mad 415 (FB), where the Court held that a suit for adultery ...