Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - No evidence can be looked into beyond pleadings...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Re-issue of warrant to Commissioner - Measurement of property on basis of sale deeds of parties - Suit for declaration and recovery of possession - It is for plaintiff to prove his title in order to succeed in suit - If defendant had purchased a portion of property prior to plaintiff's purchase, he would be automatically..........
Civil Procedure Code, 1908, Order 18, Rule 2 -- Right to lead evidence - This right is not lost for the reason that he has already cross examined the witness of the opposite party - In an adversarial system where one party leads evidence, other party not only has a right to cross examine the witness but also has a right to produce evidence in his favour, if the party so..........
Civil Procedure Code, 1908, Section 151 -- Witness not present for cross examination - Court passed an order to eschew the chief evidence affidavit - Witness is an old man, aged about 69 years who was suffering from fever and jaundice - Medical certificate were produced in support of said fact - However, trial Court has not referred to any medical certificate produced by..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Right of pre-emption - Sale deed has come in existence during pendency of present 1st appeal and it was never sought to be produced before 1st appellate Court despite the fact that after its execution, 1st appeal remained pending decision for about 4 years and 9 months - Moreover, it is not mentioned or..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Purpose of local investigation is to elucidate any matter in dispute, which itself indicates permissibility of collection of evidence, in respect of matters which cannot be effectively proved like measurement, demarcation, identity of property and physical features etc., by oral evidence...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Findings of Courts below are not only based on evidence on record but same are correct findings - There is neither any misreading nor any mis-appreciation of pleadings or evidence on record, nor it can be said that findings returned by both the Courts below are dehors pleadings and evidence on record - Second..........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Admissibility of document - Document received in evidence without any objection - Receiving of a document in evidence by exhibiting it does not confer on it the status of an admissible or reliable document - Authenticity of document must be established by examining its author and by permitting opponent to confront him on..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Suit for declaration of title and permanent injunction - Concurrent findings recorded by both the Courts below that plaintiffs failed to prove partition and possession over suit property, which is a finding of fact based on evidence available on record - Said findings neither perverse..........
Civil Procedure Code, 1908, Order 41, Rule 27, 28 -- Additional evidence at appellate stage - Additional evidence admitted without proof by appellate Court - Lower Appellate Court thus, failed to follow the procedure contemplated U.O.41.R.28 CPC while admitting additional evidence - Court failed to give opportunity to appellant to contest admissibility and relevancy of..........
