Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Plea that averments in affidavits cannot be taken into account - Held, not tenable as CPC itself carves out an exception to the rule `affidavit is not evidence', by permitting certain facts to be proved by affidavit...........
Affidavit -- Law of affidavit is found in Civil Procedure Code and not in Evidence Act...........
Civil Procedure Code, 1908, Order 13, Rule 3, 4, 5, 6, 7 -- Admissibility of document - Objection to admissibility of document on ground of non-payment or short payment of stamp duty has to be raised when document is produced before Court and sought to be marked in evidence - It is not permissible to raise such objection subsequently at appellate stage...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of witness to clarify as to whether she signs in English or in Hindi - No further documents be permitted to be put to witness as these documents would reopen the entire evidence - As it is Court which requires some clarification as such it will be Court who will put questions to witness recalled...........
Civil Procedure Code, 1908, Order 21.Rr, 9 -- Execution of decree - Objections - Each and every objection raised by objector is not to be put to trial merely on asking unless material adduced convinces the Court that objections actually require determination on strength of evidence...........
Civil Procedure Code, 1908, Order 8, Rule 1A -- Late production of documents - Not believable that documents were not in the knowledge of petitioner for which not even a reference was made in the written statement - Case at the stage of defendant's evidence - Application rightly rejected...........
Civil Procedure Code, 1908, Order 13, Rule 4 -- De-exhibiting a document - Insufficiently stamped document - Once a document is admitted in evidence despite suffering on account of deficiency in relation to Stamp Act, it cannot be recalled to its original status - Application rejected...........
Civil Procedure Code, 1908, Order 13, Rule 4, Registration Act, 1908, Section 17(1)(b) -- Document admitted in evidence - Question as to its registration can be raised at any stage including in appeal or revision...........
Civil Procedure Code, 1908, Order 13, Rule 4, Registration Act, 1908, Section 17(1)(b) -- Document admitted in evidence - Question as to its registration - Objection can be considered at any stage by Court - However, with reference to such objection nature of recitals in document must necessarily be considered - It is thus, desirable that same be considered at the stage of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Partition suit - Amendment sought after delay of about 5 years and that too when matter is at the stage of defendants evidence - Application for amendment though filed belatedly, simply explains stand taken by petitioner in his written statement - Paragraphs sought to be incorporated explain..........
