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The court has issued a commission for recording of evidence in a suit by appointing a Local Commissioner. The counsel for the plaintiff raises objections to certain questions put by the counsel for the defendant to the witnesses of the plaintiff in cross-examination. The Commissioner:

The court has issued a commission for recording of evidence in a suit by appointing a Local Commissioner. The counsel for the plaintiff raises objections to certain questions put by the counsel for the defendant to the witnesses of the plaintiff in cross-examination. The Commissioner: Correct Answer Is required to record the said objections and ask the witness to answer the question so objected to without prejudice to the plaintiffs right to have the said objection decided from the Court at the time of final arguments in the suit

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The plaintiff in a suit, onus of all the issues framed wherein is on the plaintiff, during the cross-examination of the defendant and his witnesses produces documents not filed earlier and not executed by the defendant or his witnesses and puts to the defendant and his witnesses the said documents. The said documents are not admitted or acknowledged by the defendant and/or his witnesses and are not admitted into evidence though remain on record.
In a suit filed by the plaintiff, the defendant in his written statement has taken the objection of non-impleadment of necessary party. Despite such objection the plaintiff continued the suit and the suit finally was decreed. At the first appellate stage, the plaintiff withdraws the suit with liberty to file a fresh one on the same cause of action and subsequently filed a fresh suit. The period spent by the plaintiff in the earlier suit, under section 14 of Limitation Act is
A civil suit was repeatedly fixed by the trial court for examination of the defendant's witnesses but the said opportunity was not availed by the defendant, therefore on 18th November 2016 when neither the defendant nor his counsel had appeared, the trial court had proceeded ex parte and heard the final arguments and reserved the case for judgement. On 28th November 2016 the defendant had filed an application under Order 9 Rule 7 read with section 151 of the Code of Civil Procedure which is
To constitute a matter of res judicata which of the following conditions must concur?
1. The matter directly and substantially in issue in the subsequent suit or issue must be the same matter which was directly and substantially in issue either actually (section 11, explanation III) or constructively (section 11, explanation IV) in the former suit
2. The former suit must have been a suit between the same parties under whom they or any of them claim. Explanation VI of Section 11 must be read with this condition
3. The parties as aforesaid must have litigated under the same title in the former suit
4. The court which decided the former suit must have been a court competent to try the subsequent suit of the suit in which such issue has been subsequently raised. Explanation II of section 11 is to be read with condition
5. The matter directly and substantially in issue in the subsequent suit must have been heard and finally decided by the court in the first suit. Explanation V of section 11 is to be read with this condition
A theft had been committed in the defendant's house. He informed the police that he suspected the plaintiff for the same. Therefore the plaintiff was arrested by the police. A complaint was filed by the defendant but the plaintiff was subsequently discharged by the magistrate as the final report showed that there was no evidence connecting the plaintiff with the theft. The plaintiff filed a suit for damages on the ground of malicious prosecution.
In the above case, which one of the following decisions is correct?
Plaintiff was the chairperson of the town meeting. The defendant having been very vociferous, a motion was made and carried out by majority that the defendant be turned out. The defendant said he would rather pull out the plaintiff than he turned out. He advanced menacingly towards the plaintiff with clinched fists, but his advance was prevented by a warden. Decide appropriate civil action against the defendant for his action against the plaintiff.
In a suit for recovery of Rs. 25 lakh, the Defendant files its written statement and pleads that it does not owe any money to the Plaintiff but in fact, it is entitled to recover the sum of Rs. 40 lakh from the Plaintiff. The Defendant, however, does not file a counter claim. Can the Defendant file the counter claim at a subsequent stage in the suit or file a fresh suit seeking recovery of Rs, 40 lakhs?
In a suit for money a decree is passed by consent whereby the defendant is directed to pay to the plaintiff Rs. 35,000. It is further declared by the decree that the plaintiff should have a first charge on certain immovable property belonging to the defendant. Is the plaintiff entitled to have the property sold in execution of the decree without institution a regular suit for sale on the charge?
Whether a suit dismissed in default can be restored without notice to the defendant or his counsel, if the defendant and his counsel was not present on the date of dismissal of the suit in default?
A suit may be dismissed under Order 9 of Code of Civil Procedure, 1908:
1. Where the summons is not served upon the defendant in consequence of the plaintiffs failure to pay costs for service of summons.
2. Where neither the plaintiff nor the defendant appears.
3. Where plaintiff, after summons returned unserved, fails for 7 days to apply for fresh summons.
4. Where on the date fixed for hearing in a suit only defendant appears and he does not admit the plaintiffs claim.