Civil Procedure Code, 1908, Order 18, Rule 17 -- Re-examination of a witness - Application filed without any reason for re-examination of a witness cannot be permitted and power to recall a witness U.O.18.R.17 CPC, ought to be used sparingly only to enable Court to clarify any doubts on evidence already led by parties and it cannot be used to fill up omissions in evidence..........
Civil Procedure Code, 1908, Section 107, Order 41, Rule 27, 23, 31 -- Additional evidence at appellate stage - Application not considered - However, appellate Court relied the Will produced under that application as additional evidence without giving an opportunity to defendant to meet the additional evidence produced by plaintiff in the appeal - Judgment and decree of..........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Pleadings - Pleadings of relationship of landlord and tenant - Judgment of previous instituted suit in between father of plaintiff and defendant to prove relationship of landlord and tenant - Said judgment cannot be discarded by holding that pleadings with regard to said judgment not made in the plaint - Pleadings with regard..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Petitioner failed to establish his possession over suit property on basis of unregistered agreement to sell or that said agreement contains any clause of transfer of possession - Agreement which does not even reflect transfer of possession of suit property, cannot entitle petitioner for..........
Civil Procedure Code, 1908, Section 24 -- Transfer of suit - Suit for declaration - Cause of action arose within jurisdiction of Court where suit is filed - Allegations of threat as alleged by plaintiffs are baseless, as there is no iota of evidence to substantiate said allegations - That apart, if suit is transferred from jurisdictional Court to any other Court, then..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Evidence of Commissioner itself is not proof of title...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - Cannot be made for collecting evidence in favour of parties - Evidence which cannot otherwise be procured only has to be obtained by issuing a commission...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Plea of encroachment of land by defendant - Demarcation of suit land - Encroachment has to be proved by petitioner and for this purpose Local Commissioner cannot be appointed to collect evidence for either party - Nothing on record to suggest that petitioner approached Revenue Authorities for demarcation..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 7 -- Appointment of Commissioner - Commissioner appointed only to know exact details of electricity connection - It cannot be inferred that evidence is collected for deciding issue - Application rightly allowed...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Defendants filed number of applications to place on record certain documents which were not on record of trial Court - No explanation given as to why documents were not filed in trial Court - Even no application filed U.O.41.R.27 CPC for leading additional evidence before first..........
