Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Circumstances for not filing document at trial not stated - Document not required in appeal to pronounce judgment - No substantial cause shown for allowing additional evidence - Application dismissed...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Land acquisition proceedings - Land Acquisition Officer not adducing evidence even in respect of documents examined by him which formed the basis of award - Consideration of documents essential for just decision - Question whether documents are in favour of one party or the other are..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Subsequent event - Eviction petition - Personal requirement of landlord for business purposes - Event of landlord's sons having become major and they have no potential income to support themselves - Plaintiff should be allowed to lead evidence in that regard...........
Civil Procedure Code, 1908, Order 5, Rule 17 -- Report of process server - Report of refusal - Report that summons affixed at the outer door - Name and address of the person by whom the office of the Samiti was identified and in whose presence the copy was affixed not mentioned in the report - Report of process server is not admissible in evidence...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- While allowing amendment of plaint Court observed that none of the parties would be entitled to lead any further evidence -Held, it does not mean a direction against admission of additional evidence even if a case It made out at a later stage...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Appeal-Additional evidence-Documents sought to be produced necessary for the decision of controversy as to whether the tend in dispute was ancestral or not -Documents sought to be produced are doubted- Additional evidence allowed...........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Pleadings - Generally the parties should not be allowed to travel beyond their pleading. However pleadings should be construed liberally and the Court should not adopt a pedantic approach. If the substance of the essential material facts for grant of relief is stated in the pleading, the Court should not throw away the same on..........
Civil Procedure Code, 1908, Order 18, Rule 17A -- Additional evidence - Permission of Court - Plaintiff not producing hand-writing expert at time when he led evidence in rebuttal - Cannot be permitted to produce it at belated stage...........
Civil Procedure Code, 1908, Section 115 -- Revision - Permission to produce expert evidence to prove handwriting - Refused - Revision against - not maintainable...........
Evidence Act, 1872, Section 135, 137, 138, Civil Procedure Code, 1908, Order 18, Rule 2, 1 -- Some of the defendants supporting the case of plaintiff - They will lead their evidence immediately after completion of the evidence of the plaintiff because the supporting defendants are not, in true sense, the other party that is the adverse party...........
