Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Plea of forgery raised in written statement - Non-filing of replication - Effect thereof - Appellant did not file replication which specifically denied allegations of alleged forgery made in written statement with respect to certain bank documents - Held, mere no, traverse cannot mean that a significant issue..........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Proof beyond pleading - Evidence led beyond pleadings or issues cannot be ordered to be deleted before conclusion of trial - Such evidence can be ignored being irrelevant and inadmissible only at the conclusion of trial - Court can refuse to entertain such evidence on such grounds at the time of its commencement...........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Additional issues - Whenever additional issue is framed, Court should provide opportunity to the parties to leave evidence and non providing of such opportunity amounts to violation of principle of natural justice...........
Civil Procedure Code, 1908, Order 7, Rule 14, Civil Procedure Code, 1908, Order 8, Rule 1-A, Evidence Act, 1872, Section 137 -- Any document can be produced in the cross examination of a party and the witness under cross examination can be confronted therewith - Similarly any document can be produced to that end for the witness to refresh his or her memory...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Refusal - Very right of vendors to execute sale deed-cum-general power of attorney itself is in clouds - There is documentary evidence to establish that defendants, their father and grandfather sold certain extent of land - Encumbrance certificate shows that lands were alienated in favour of plot..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Sale deed - Validity of - Concurrent finding - There is concurrent finding by both courts below that sale deeds are not legal - The said finding is supported by cogent reasons and is based on proper appreciation of evidence - Held, concurrent finding recorded by both courts below regarding invalidity of impugned..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - It is the issues fixed and not the pleadings that guide the parties in the matter of adducing evidence...........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Pleading and proof - Evidence beyond pleadings cannot be looked into or relied upon...........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal - Hand writing expert - Cannot be allowed to be examined in rebuttal evidence when execution of agreement was denied in written statement and onus to prove agreement was on plaintiff...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Scope - Held, scope of second appeal u/s 100 of the Code is very limited - High Court has power to interfere only if substantial questions of law are involved - High Court cannot substitute its own opinion for that of first appellate Court unless it finds that the conclusions drawn by lower Court were erroneous..........
