Civil Procedure Code, 1908, Order 18, Rule 17-A -- Additional evidence - Suit adjourned for arguments - At that stage some witnesses sought to be examined by way of additional evidence - No reasons assigned for re-opening the suit, except stating that the witnesses were not available at the time of trial - Application for permission to examine them not to be allowed..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence in appeal - It is not the right of the parties to lead additional evidence before the appellate Court - However, the Court has the power to allow the parties to lead additional evidence if the proposed additional evidence inspite of exercise of due diligence was not within the knowledge of the appellant..........
Civil Procedure Code, 1908, Order 18, Rule 17-A -- Additional evidence - Trial Court declined the application on the ground that evidence of the defendants was closed and that the application was moved at a belated stage - Held, an application for additional evidence normally pre-supposes that evidence of the parties has already been closed unless the application is for..........
Civil Procedure Code, 1908, Order 18, Rule 2(4), 3, 17A -- Rules of Order 18 regulating leading of additional evidence, rebuttal evidence and power of Court to summon evidence at any stage - Must be construed and read in conjunction with each other - Procedural law should be construed liberally to achieve ends of justice rather than to scuffle parties rights at the trial..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence in appeal - Will - Not proved in accordance with law - Party who is negligent before Trial Court, cannot be permitted to take up proof of Will at appellate stage by summoning records from Sub Registrar...........
Civil Procedure Code, 1908, Order 41, Rule 25, 24, 23-A, 23, 27 -- Additional issue - Framing at appellate stage - Procedure to be followed by Appellate Court - Dispossession during pendency of appeal - Amendment of plaint seeking relief of restoration of possession allowed - After amendment additional issues were framed - In such situation first appellate Court ought to..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence-here rent receipts alleged to be executed by the previous landlord could not be traced and hence not produced at the time of filling the written statement or at the time when the evidence was led or subsequent thereto-Held, as petitioner never exercised due diligence to trace out the rent receipt at the..........
