Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction petition - Additional grounds to resist eviction - Amendment sought before commencement of evidence of rival parties - Application cannot be rejected by entering into merits of amendment - Amendment allowed...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Concurrent findings of Courts below - Cogent reasons given on appreciation of evidence - High Court reappreciated the entire evidence on record - Such exercise of power u/s 100 CPC is not permissible...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Concurrent findings of Courts below - High Court is not required to re-apreciate entire evidence on record and to come to its own finding when findings recorded by Courts below, more particularly, First Appellate Court are on appreciation of evidence...........
Civil Procedure Code, 1908, Section 100, Specific Relief Act, 1963, Section 34 -- Second appeal - Suit for declaration of title - Plea of adverse possession - As per oral and documentary evidence on record plaintiff has failed to establish continuous, uninterrupted and peaceful possession over the suit land - Claim of title by adverse possession held, not maintainable -..........
Evidence Act, 1872, Section 3 -- Interested witness - A witness cannot be said to be interested witness merely by virtue of being relative of victim - Witness may be called interested only when he or she derives some benefit from result of litigation in decree in civil case or in seeing an accused person punished...........
Civil Procedure Code, 1908, Order 11, Rule 14, Civil Procedure Code, 1908, Order 7, Rule 14, Evidence Act, 1872, Section 65 -- Production of document - Secondary evidence - Admissibility - Mere non compliance of the direction to produce the original document cannot be a condition to allow plaintiffs to take benefit of secondary evidence unless the burden to prove that..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Trial already commenced - It is desirable to record findings on various contentious issues and disputes in the suit on merits by appreciating evidence but at the same time there is no reason or justification to decree the suit at that stage...........
Civil Procedure Code, 1908, Order 37, Rule 1, Civil Procedure Code, 1908, Order 8, Rule 5 -- Recovery suit for loan amount - Undefended suit - Defendant never denied and in fact admitted the loan amount received from plaintiff in reply to letters issued by plaintiff - In fact defendant never denied the oral agreement executed between parties - However, defendant never came..........
Transfer of Property Act, 1882, Section 122, Civil Procedure Code, 1908, Order 8, Rule 1, Civil Procedure Code, 1908, Order 41, Rule 24 -- Gift - Photocopy of Gift Deed adduced into evidence and marked, as original Gift Deed was not available at time of adducing evidence - Defendant No.1 submitted Gift Deed on date of arguments - Held, according to Gift Deed Defendant No.1..........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Marking of document - Memorandum of deposit of title deeds - Validity of such document can be decided at the time of disposal of main suit - Question as to whether memorandum requires registration or not needs to be decided before document is admitted in evidence - Defendant permitted to agitate this aspect before trial Court..........
