Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Handwriting expert - Execution and signatures on agreement to sell denied by defendant - It was therefore, for the plaintiff to give evidence in affirmative - Right to lead evidence in rebuttal arises only if defendant had led any evidence in affirmative on the issue - Evidence in rebuttal cannot be..........
Civil Procedure Code, 1908, Order 18, Rule 3, Evidence Act, 1872, Section 45 -- Rebuttal evidence - Allowing expert to take photographs of specimen signatures of defendant taken during his cross examination - Order allowing application, upheld...........
Evidence Act, 1872, Section 114, 102, 103 -- Marriage - Presumption - Rebuttal of presumption - Burden of proof - Cohabiting continuously for a number of years and living together as husband and wife for number of years - There is presumption of marriage - Such presumption is rebuttable - Burden to rebut lies on the person who seeks to deprive the relationship of man and..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence qua additional issue - Additional issue framed after closure of evidence by plaintiff - Denial of opportunity to plaintiff to lead evidence in rebuttal on additional issue would amount to denial of equal opportunity to him, thereby causing a manifest injustice, which will be against the basic principles of..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Once plaintiff opened his case and adduced evidence qua all issues including ones of which onus was on defendants and has not reserved his right to adduce any evidence in rebuttal, he cannot be permitted to lead any evidence to rebut the evidence adduced by defendants...........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Examination of an expert - Cannot be allowed in rebuttal, as this was well within the knowledge of plaintiffs at the time when they were leading evidence in affirmative - Application rightly rejected...........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Right to lead evidence in rebuttal not reserved - Plaintiff cannot be allowed to lead evidence in rebuttal in respect of an issue, the onus of which was on plaintiff himself - No expert witness can be allowed at this stage...........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Plaintiff can lead evidence in rebuttal only on those issues the burden of proof of which is on the defendant - When evidence sought to be adduced in rebuttal is not on those issues, he has no right to lead evidence in rebuttal...........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Plaintiff cannot be allowed to lead evidence in rebuttal to rebut the evidence adduced by defendant on the issues the burden to prove of which was on plaintiff as in order to discharge his onus, plaintiff is required to lead evidence in affirmative...........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 3 -- Rebuttal evidence or additional evidence - Handwriting and finger print expert examined by plaintiff with permission of Court after closing his evidence in affirmative - Plaintiff claiming it to be rebuttal evidence and defendant claiming it to be additional evidence and thus having right to rebut the same - Said..........
