Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Production of - Defendant had examined as many as six witnesses before closing his evidence after tendering documents - He was fully aware of his case - Held, he cannot be allowed to fill up lacuna of his case...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Writing annexurs A1 and A2 has no evidentiary value as the same cannot be looked into evidence being beyond pleadings - Application for leading additional evidence rightly rejected...........
Civil Procedure Code, 1908, Section 145, Order 41, Rule 5, Contract Act, 1872, Section 134 -- Bank guarantee - Appeal disposed of - Retention of - Petitioner furnished a bank guarantee in FAO in terms of order passed by HC - FAO disposed of - A plea raised by petitioner for release of bank guarantee was disposed of by ADJ by ordering that bank guarantee shall be released..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Documents sought to be produced formed the very basis of the claim and their consideration was necessary for just decision of the case - Reason for not producing the same at the time of trial was that original plaintiff died during pendency of suit and L.R's were not award of those..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Documents sought to be proved by way of additional evidence were within the knowledge of the appellant - Appellant only wanted to fill up the lacuna by seeking permission to lead additional evidence - Held, appellant cannot be allowed to do so - Application for additional evidence..........
Civil Procedure Code, 1908, Order 41, Rule 23, 24A, 25 -- Remand - Having allowed the application for amendment, first appellate Court set aside the judgment and decree and remanded back the case for fresh adjudication - Validity - Held, proper course for appellate Court was to have ordered the parties to complete their respective pleadings and thereafter settle the..........
Civil Procedure Code, 1908, Order 41, Rule 22(4) -- Appeal - Cross objections filed in an appeal is not maintainable when appeal is rejected for non payment of balance court fee - Cross appeal has to be decided on merits when appeal is `withdrawn' or `dismissed for default' - In case of deficiency of court fee appeal is not dismissed for default, but only rejected...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i), Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Main appeal decided without deciding the application for addtional evidence - Inherent irregularity and patent illegality - Impugned order set aside - Matter remitted for decision afresh - Appellate Authority to decide..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i), Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Main appeal decided without deciding the application - Inherent irregularity and patent illegality - Impugned order set aside - Matter remitted for decision afresh - Appellate Authority to decide the applciaotn for..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Will - Required to be proved by co-defendant, vendor - Prayer to prove the same in appeal - Appellant cannot be penalized for the default committed by vendor in not leading relevant evidence in support of the Will - If appellant is allowed to lead additional evidence, lis between the..........
