Civil Procedure Code, 1908, Section 151 -- Additional evidence - Suit fixed for arguments - Need for Court to act in a manner to achieve the ends of justice does not end when arguments are heard and judgment is reserved - Additional evidence can be allowed where application is found to be bona fide and where additional evidence, oral or documentary, will assist the Court..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Commencement of proceedings - Filing of an affidavit in lieu of examination-in-chief of witness would amount to commencement of proceeding and trial is deemed to commence when issues are framed and case is set down for recording of evidence...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Executing Court without application of mind has framed the issues, at the stage when the JDs. were left with absolutely no right, title or interest in the suit property - Objection Petition is nothing but a contrivance of JDs in collaboration with the objectors to further delay and dilate..........
Civil Procedure Code, 1908, Section 100 -- Eviction petition - Finding of fact - Finding of appellate Court as to relationship of landlord and tenant and need for demolishing existing building for construction of a new building for personal use and that tenant has not paid rent to landlord since he purchased the suit property - In second appeal High Court set aside order..........
Civil Procedure Code, 1908, Section 151 -- Applications filed during proceedings, may be for additional evidence or amendment of pleadings or for appointment of Local Commissioner or bringing L.Rs of some deceased party on record etc., in normal course, be decided within a month...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Documents available on record and merely to be tendered in evidence - It would be in the interest of justice that documents sought to be produced in additional evidence are admitted in evidence...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Documentary evidence sought to be produced - Documents of such a nature that without the same being on record, competent, effective and complete adjudication of dispute not feasible and moreover this evidence is going to help the Court for wholesome adjudication of the litigation between parties - Additional..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement to counter claim - Opportunity sought to file written statement when case was fixed for arguments, which was after a gap of eight years - Written statement not filed due to inadvertent oversight on the part of Advocate and was not actuated by any mala fide - Refusal to condone delay will cause serious..........
Civil Procedure Code, 1908, Order 41, Rule 27, 28 -- Additional evidence at appellate stage - When an application for adducing additional evidence is allowed, Court has two options, either to record evidence itself or it may direct trial Court to take such evidence and forward the same to it and thereafter dispose of appeal on merits - Appellate Court has no jurisdiction..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Pecuniary jurisdiction of Court - Can be decided as preliminary issue after recording evidence of parties - Plaint cannot be rejected on this ground - Application rightly dismissed...........
