Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Where appellate Court permits additional evidence to be adduced, O.41.R.27 CPC casts a mandatory obligation upon Court to record reasons for such admission...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Provision has no application where appellate Court is in a position to render a satisfactory and reasoned judgment on basis of evidence already available on record...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - When plaintiffs themselves asserted title on basis of long and continuous possession through their predecessors, subsequent attempt to introduce General Land Register (GLR) in the form of additional evidence at appellate stage assumes little legal significance - Once the trial had..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - At the stage of arguments - Documents sought are certain original title deeds of other defendants - Since these documents are in custody of plaintiff and he could trace it now, denying him opportunity to produce these documents as evidence, would certainly affect his very case filed for claim of mortgage -..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Additional written statement - Additional Written Statement sought to be filed by defendant is belated and nothing but reiteration of original Written Statement with one new plea which is not only inconsistent, but would not be helpful to case of defendant in any manner - Defendant cannot seek to raise a new plea inconsistent..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Application U.O.41.R.27 CPC has to be decided along with appeal - Matter remanded back to appellate Court to decide the appeal afresh after adjudicating application U.O.41.R.27 CPC...........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 27 -- Additional evidence at appellate stage - Application U.O.41.R.27 CPC has to be considered along with main appeal at the time of adjudicating main appeal...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - After closure of evidence of defendants - Once defendants claimed execution of receipt in written statement, onus to prove the same was on defendants - Plaintiff had every right to lead evidence in rebuttal as regards non-execution of receipt - However, since no right had been reserved nor was there any..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Documents proposed to be produced as additional evidence are only certified copy of sale deed and revenue record which are per se admissible - Application allowed...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Plaintiff had availed more than 30 opportunities to conclude evidence - Case was at the stage of arguments when application was moved - One opportunity to lead additional evidence is given to plaintiff subject to cost of Rs.1 lakh...........
