Civil Procedure Code, 1908, Section 151 -- Additional evidence - At the stage of final arguments - Plaintiff sought to produce an excerpt (Intakhab) to prove ancestral nature of suit land - Document essential for just and proper adjudication of matter - One effective opportunity is granted to petitioner to produce the document in question subject to payment of costs of..........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Objections - Where party is denied an opportunity to adduce material evidence in support of its claim, order returning claim petition with an office objection, is liable to be set aside - Matter remitted to executing Court for fresh consideration of claim petition after affording both parties a fair and..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Court has power and jurisdiction to suit or non-suit a party on adduced pleadings, issues and evidence, but not on a totally new and unexpected case, more particularly at the stage of S.100 CPC...........
Civil Procedure Code, 1908, Section 100, Evidence Act, 1872, Section 67 -- Second appeal - Introducing S.67 at the stage of second appeal does not merely raise a new legal argument - Rather it creates an entirely new case for the plaintiffs...........
Civil Procedure Code, 1908, Order 26, Rule 10A, Evidence Act, 1872, Section 112 -- DNA test - Compelling such tests without imminent need, imperils not only the sanctity of marriage, but legitimacy of the child and also becomes violative of the fundamental rights to privacy and dignity, as obtaining under Article 21 of the Constitution of India - No material is placed..........
Civil Procedure Code, 1908, Order 11, Rule 14 -- Production of documents - O.11.R.14 CPC empowers a party to seek production of documents in the possession, custody or power of the opposite party, if such documents relate to matters in question in the suit - The Court must ensure that this right is exercised in a manner that is proportionate and does not permit undue..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of first appellate Court - Non-framing of points for determination - Neither requisite point of consideration on the point of legal necessity is framed nor findings recorded thereon by appellate Court - Appellate Court has simply recorded concurrence with findings of trial Court without delving into evidence and..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - When findings of facts arrived by First Appellate Court on appreciation of pleadings and evidence of parties are neither perverse nor unreasonable, question of interfering with the same through second appeal filed by plaintiff does not arise...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration of title and eviction - First Appellate Court held that plaintiff has failed to establish his title and possession over suit properties and plaintiff is not entitled to get decree of declaration of right, title, interest over suit properties and he is also not entitled to get decree of recovery..........
Civil Procedure Code, 1908, Order 26, Rule 1, Evidence Act, 1872, Section 50 -- Suit for partition - Issue is whether the relationship between the deceased `D' and the plaintiffs' mother can be presumed to be a valid marital union, in the absence of formal documentary proof - The defendants, except for denying the marriage between the deceased `D' and the plaintiffs'..........
