Civil Procedure Code, 1908, Order 26, Rule 10(2) -- Local Commissioner - Report of Commissioner and evidence taken by him shall be considered as evidence in suit and shall form part of record and need not to be proved - Therefore, plea that Commissioners' report has not been proved by examining Commissioner, rejected...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought after framing of issues - Amendment sought for seeking Will to be declared as null and void - Plaintiff came to know about factum of Will only when it was filed by defendant at the stage of evidence in proceedings under Rent Control Act and thereafter he obtained certified copy and filed..........
Civil Procedure Code, 1908, Order 19, Rule 2, Evidence Act, 1872, Section 3 -- Affidavit - Cross-examination of deponent - Permissible only in case of affidavit filed by third parties and not to affidavits filed by parties to proceedings as affidavit filed in support of petition is not treated, as an affidavit filed by way of evidence...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for cancellation of sale deed - Sale deed executed by defendant No.1 on the basis of power of attorney (GPA) executed by plaintiff in his favour - Questions as to whether plaintiff had cancelled the GPA and as to whether sale deed registered is liable to be cancelled, are not questions of law, but question of..........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Recoding of evidence - Mere marking of a document as an exhibit does not dispense with its proof - Party leading evidence by way of affidavit is not required to exhibit or mark any document and to decide whether document is to be exhibited or marked, as the same is to be decided by Court - Moreover, execution of document in..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Ex parte decree - Setting aside - Service of summons through publication - Defendant denied service of summons or knowledge of suit - On denial, presumption regarding service of summons stood rebutted - Burden shifted upon plaintiff to prove that summons were served upon defendant..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement 0 Amendment sought when case was fixed for rebuttal evidence and arguments - Proposed amendment was well within knowledge of defendant - Moreover, by way of amendment, defendant wants to set up entirely a new case by introducing the Will, which is not permissible - Application seeking amendment filed just to..........
Civil Procedure Code, 1908, Section 151 -- Examination of opponent party as a witness - AIR 2000 Kerala 369 followed wherein held "that a party to the suit has not been conferred any specific right to summon the opposite party as a witness to be examined on his side - In the absence of any provision conferring such a right on a party to the suit, it must be held that there..........
Civil Procedure Code, 1908, Section 34 -- Interest - Money decree - Bank loan - Bank proved its case by adducing adequate evidence - No reason to interfere in the well reasoned findings of Courts below - However rate of interest reduced from 21% p.a. to 14% p.a. payable from the date of filing of dispute till recovery...........
Civil Procedure Code, 1908, Section 107, Order 41, Rule 27 -- Additional evidence at appellate stage - Can be taken at the instance of parties concerned or suo motto by Court, if documents have the contents which would facilitate pronouncing of judgment in a more satisfactory, composite and holistic manner - However, Appellate Court can allow such evidence only after..........
