Civil Procedure Code, 1908, Section 151 -- Additional evidence - Once prayer for rebuttal evidence is declined the same prayer cannot be entertained in the form of additional evidence...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Once plaintiffs led evidence on issue, onus of which was upon plaintiffs and same is disproved by defendants, then plaintiffs cannot lead other evidence to impeach credit of fact which is already disproved by defendants...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Can be allowed only when production of evidence is not previously known or cannot be produced despite due diligence by plaintiffs...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Once fact already disproved by defendants and same is not question of fact in suit, prayer for additional evidence cannot be considered, as it does not fall within the purview of additional evidence...........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Exhibition of photocopy of documents - Permissibility - Original documents sent by Trial Court to Collector for impounding, which were not received back - Photocopy of documents cannot be permitted to be exhibited and rightly not treated such documents as secondary evidence, as it is for Court below to ask authority to return..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Discovery of new facts - If review is on discovery of new matter or evidence and it is cause for filing such application, strict proof of such statement is a condition precedent...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Recovery suit - Trial Court dismissed application U.O.9.R.13 CPC without assigning any reasons much less cogent and valid reasons - Mere no, filing of medical certificate itself is not a valid ground to dismiss the application - Court has to take into consideration totality of facts and..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17, 17A -- Recalling of witness - Court has power to reopen and recall witness and permit the party to let in additional evidence - No straight jacket formula to allow or reject such application - Said power is discretionary and must be exercised judiciously - Plea that recalling of witness cannot be allowed after..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17, 17A -- Recalling of witness - An additional document is marked after conclusion of trial, after arguments on behalf of respondents and during arguments on behalf of petitioner - In such circumstances, respondents rightly, entitled to an opportunity to rebut said evidence...........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 27 -- Additional evidence at appellate stage - First Appellate Court committed error in disposing of application independently during pendency of appeal - Application U.O.41.R.27 CPC has to be decided along with appeal only - Impugned order set aside - Application restored...........
