Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Recovery suit - Trial Court dismissed application U.O.9.R.13 CPC without assigning any reasons much less cogent and valid reasons - Mere no, filing of medical certificate itself is not a valid ground to dismiss the application - Court has to take into consideration totality of facts and..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17, 17A -- Recalling of witness - Court has power to reopen and recall witness and permit the party to let in additional evidence - No straight jacket formula to allow or reject such application - Said power is discretionary and must be exercised judiciously - Plea that recalling of witness cannot be allowed after..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17, 17A -- Recalling of witness - An additional document is marked after conclusion of trial, after arguments on behalf of respondents and during arguments on behalf of petitioner - In such circumstances, respondents rightly, entitled to an opportunity to rebut said evidence...........
Evidence Act, 1872, Section 112 -- DNA Test - Paternity of children - Divorce proceedings pending between parties on the ground of adultery/infidelity - Husband prayed for DNA test of three major children who are not party to original proceeding - However, children are not cooperating with DNA test on ground of privacy, reputation and dignity - Children cannot be compelled..........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 27 -- Additional evidence at appellate stage - First Appellate Court committed error in disposing of application independently during pendency of appeal - Application U.O.41.R.27 CPC has to be decided along with appeal only - Impugned order set aside - Application restored...........
Evidence Act, 1872, Section 45, Civil Procedure Code, 1908, Section 75(e) -- Expert opinion - Comparison of disputed signatures with admitted signatures - If Scientific Investigation is going to help in extracting the truth and determining the controversy raised in the dispute before the Court, then such an investigation could be permitted - Basic idea is whether such..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Recovery suit for possession, eviction and other reliefs - No error apparent on face of record or some mistakes or palpable error which is self evident in judgment sought to be reviewed - Petitioners attempted to argue the case on merits afresh seeking re-appreciation of evidence on facts, which is impermissible in..........
Civil Procedure Code, 1908, Section 151 -- Application for additional evidence was allowed - Injunction was granted only with regard to forcible interference and dispossession - Statement of building inspector recorded would not be relevant and material qua alleged breach of injunction, for, it pertained to sanctioning of site plan in respect of building - Trial Court not..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Documents sought to be produced on record were in existence during trial and were not filed during trial - Sufficient or cogent reason not assigned for not filing the same - Plaintiff cannot be permitted to fill up lacuna in his case by filing an application U.O.41.R.27 CPC -..........
Civil Procedure Code, 1908, Order 18, Rule 3, 4 -- Recording of evidence through video conferencing - Petitioner is residing in USA - Time gap of 12 hours in two countries - There will be difficulty in approaching Public Authority at night time to allow Video Conferencing - Petitioner allowed to be examined by way of Video Conferencing through Mobile or Computer on an..........
