Civil Procedure Code, 1908, Section 100 -- Second appeal - Re-appreciation nd reappraisal of evidence on record - Not legally permissible in second appeal - As no question of law, muchless substantial, is involved, so, no interference is warranted, in the impugned judgments/decrees of the Courts below...........
Civil Procedure Code, 1908, Section 11, Evidence Act, 1872, Section 115 -- Res judicata - Estoppel by judgment - From facts and compromise decree which was part of record, it is clear that present plaintiffs' father was party and property in dispute was same - Compromise has taken place on certain terms and conditions - From perusal of compromise decree, it clearly appears..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of local Commissioner - Validity - Finding recorded by trial Court that there is no proof regarding settlement of boundaries of Survey Nos.20/2A and 20/2C is forthcoming and in absence of such evidence, suit plot cannot be definitely said to be a part of Survey Nos.20/2C, boundaries of which are uncertain -..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Counter-claim - Rebuttal of - Opportunity for - Plaintiff in counter-claim took a definite defence stand in his written statement - Held, on conclusion of recording of evidence of defendants in counter claim court has every power to allow plaintiff to adduce his rebuttal evidence in counter-claim on those issues in which onus..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Can be allowed enabling it to pronounce judgment - Appellate Court cannot allow additional evidence where even without such evidence it can pronounce judgment in the case - Provision of O.41.R.27 CPC does not entitle the appellate Court to let in fresh evidence only for the purpose of..........
Civil Procedure Code, 1908, Order 18, Rule 3-A -- Examination of a party as a witness after examination of some witnesses on his behalf - Permission cannot be granted when a party wants to rebut its own evidence or evidence of its own witness or to plug the gaps in the evidence of the witnesses already examined on his behalf...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Appellate stage - Ground taken by petitioners is that documents could not be filed before trial Court due to negligence of their lawyers - Said fact could have easily been mentioned at first instance, i.e., in the memo of appeal, which has not been done - Held, it is an afterthought and a dilatory..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 1 -- Closure of evidence - Recall of order - Eviction petition filed in the year 1994 - No written defence filed by respondents No.9 & 10 - Categorical statement of their counsel that they do not want to lead any evidence - Thereafter, no written statement filed to amended petition - Trial Court closed the evidence -..........
Civil Procedure Code, 1908, Order 6, Rule 1 -- Eviction petition - Pleadings and evidence - Tenants did not plead as to who was earlier landlord of shop - Held, no evidence could be read without pleadings - Trial court erred in reading evidence about earlier landlord in absence of such pleading...........
Civil Procedure Code, 1908, Order 17, Rule 2, 3, Civil Procedure Code, 1908, Order 9 -- Absence of party on date of hearing - Procedure to be followed - Applicability of R.2 & 3 of O.17 - Held, Rr.2 & 3 provides for distinct and different sets of circumstances - U/R.2, Court is empowered to dispose of suit in any one of the modes specified U.O.9.R.2 only when any of the..........
