Civil Procedure Code, 1908, Order 41, Rule 27(1)(b) -- Additional evidence - If Court finds that the documents sought to be produced in additional evidence are relevant to decide the real issue in controversy and further the Court feels that interest of justice requires that the documents may be received and the kinds of documents are such, the authenticity of which..........
Civil Procedure Code, 1908, Order 41, Rule 27(1)(b) -- Additional evidence - Jamabandis - Can be allowed to be produced on record even if these were within knowledge of the party as jamabandis cannot be created or manufactured for the first time after the decision of the suit - Evidentiary value thereof has to be considered by Court in the light of other material on..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Remand of appeal by High Court - Application for adducing certified copy of gift deed as additional evidence - Appellate court rejected aforesaid petition - Civil revision filed also dismissed - Plaintiff could not take aid of S.105 CPC - Once order was unsuccessfully challenged in revision it could..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Production of - Permission for - Suit for injunction & possession - Parties have stated that other than leading documentary evidence they do not want to lead any other evidence - Held, application for leading additional evidence allowed...........
Civil Procedure Code, 1908, Order 41, Rule 33 -- Remand - Substantial portion of judgment of trial Court as well as Single Judge based on pure conjectures - Matter remanded to High Court for fresh disposal of appeal...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Dismissal of application by trial Court - Every order passed by trial Court can be challenged in appeal if same has not been challenged in revision - In the instant case, since order of dismissal of application for additional evidence was not challenged in revision as such respondents were well within..........
Hindu Law, Civil Procedure Code, 1908, Order 20, Rule 12, Benami Transactions (Prohibition) Act, 1988, Section 4(1), Civil Procedure Code, 1908, Order 41, Rule 23 -- Self acquired property - Rule of blending - If there was no joint family property or coparcenery property in existence at the time of alleged throwing of the house in dispute by the plaintiff into the common..........
Hindu Law, Civil Procedure Code, 1908, Order 20, Rule 12, Benami Transactions (Prohibition) Act, 1988, Section 4(1), Civil Procedure Code, 1908, Order 41, Rule 23 -- Suit for possession - Mesne profits - Court has discretion to award mesne profits to the successful plaintiff or to leave the plaintiff to have recourse to an independent suit for that relief - In case Court..........
Hindu Law, Civil Procedure Code, 1908, Order 20, Rule 12, Benami Transactions (Prohibition) Act, 1988, Section 4(1), Civil Procedure Code, 1908, Order 41, Rule 23 -- Mother purchasing house in dispute in the name of her son as a benamidar - Defendant cannot derive any benefit as plea of benami transaction is now hit by S.4(1) of the Act...........
Hindu Law, Civil Procedure Code, 1908, Order 20, Rule 12, Benami Transactions (Prohibition) Act, 1988, Section 4(1), Civil Procedure Code, 1908, Order 41, Rule 23 -- Appeal - Remand - Counter claim - One plea of partition of joint family taken - Plea categorically rejected by trial Court - Held, it is clear that counter claim stood rejected - Matter cannot be remanded back..........
