Civil Procedure Code, 1908, Order 13, Rule 4 -- Admissibility of document - Objection as to - U, registered rent note though sought to be led into evidence only for collateral purpose, still its admissibility for that limited purpose ought to have been considered and decided by trial Court, when objection was raised and same should not be deferred for a subsequent stage..........
Civil Procedure Code, 1908, Order 18, Rule 3, Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Appointment at the stage of rebuttal evidence - Plaintiff cannot seek appointment of Local Commissioner to collect evidence at rebuttal stage after closing his evidence - Application for appointment of Local Commissioner rightly dismissed...........
Civil Procedure Code, 1908, Order 41, Rule 27, 27aa -- Additional evidence at appellate stage - Plaintiffs filed application for taking copy of sale deed as additional evidence - However, plaintiffs no where disclosed due diligence in as much as how they came to know about sale deed and could not file the same before trial Court - No reasons whatsoever has been stated in..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - To verify the situation prevailing on the spot - Clearly amounts to collection of evidence - Application rightly rejected...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Necessary and proper party - Person having relevant evidence may be a necessary witness, but not a proper party to be impleaded in a suit...........
Civil Procedure Code, 1908, Order 19, Rule 1, Civil Procedure Code, 1908, Order 18, Rule 4(2), Evidence Act, 1872, Section 3 -- Affidavit - Evidence by way of affidavit - Not evidence unless an opportunity of cross examination of deponent is given to the other side...........
Civil Procedure Code, 1908, Order 19, Rule 1, Evidence Act, 1872, Section 3 -- Affidavit - Evidence by way of affidavit - An affidavit can be termed to be an evidence within the ambit of S.3 of Evidence Act only in those cases where the same is filed at the instance or under the direction of the Court or where law specifically permits for proof of anything by affidavit...........
Civil Procedure Code, 1908, Order 6, Rule 16 -- Striking off pleadings - Deletion of certain part of Para of amended written statement - Court while allowing amendment of plaint not made any restriction for defendants in taking new plea in written statement - Even, no prejudice is caused to plaintiffs, as they have ample opportunity to submit documentary evidence in..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Explanatory pleadings - Pleadings shall contain only a statement in a concise form of material facts on which party pleading relies for his claim or defence - It should not contain evidence by which he has to prove his claim...........
Delhi Rent Control Act, 1958, Section 14(1)(a), Civil Procedure Code, 1908, Order 41, Rule 27, Slum Areas (Improvement and Clearance) Act, 1956 -- Eviction order - Slum area - Plea whether or not property located in a slum area was raised for first time through application U.O.41.R.27 CPC that too at appellate stage, both parties ought to have been given adequate..........
