Evidence Act, 1872, Section 112 -- (Bharatiya Sakshya Adhiniyam, 2023, S.116), Civil Procedure Code, 1908, O.26.R.10-A - DNA test - Maternity of child - When a female counterpart is not disputing her marriage with a male but she is denying the fact that a child is not her own then it is not a case of testing paternity but rather a case to decide maternity of child...........
Civil Procedure Code, 1908, Order 18, Rule 17, Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Additional evidence - To receive original documents in the form of certified copies of sale deeds and to mark the same as additional documents - Plaintiffs failed to explain as to why documents in question could not be filed earlier before his evidence was closed despite..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While deciding application U.O.7.R.11 CPC, Court to consider only averments as made in the plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Specific pleadings made qua cause of action in plaint - Whether facts as pleaded are true or not is a matter of evidence - No finding definitely can be recorded to said effect while deciding an application U.O.7.R.11 CPC - Application rightly rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - If upon a meaningful reading of plaint, Court reaches to a conclusion that drafting of plaint is such as to create an illusion of cause of action, whereas suit is barred by limitation, plaint can be rejected U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - Legal principles governing are : (i) Court can recall any witness at any stage of proceedings & even at the stage of writing judgment if such recall is found necessary for proper adjudication of case; (ii) Recall of a witness is primarily intended to enable Court itself to clarify any ambiguity, doubt..........
Evidence Act, 1872, Section 137, Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness for re-examination - Prayer for re-examination is confined strictly to clarifying ambiguity arising from statement made by a witness during cross-examination which stands at variance with his affidavit and other evidence on record and does not seek to introduce any new..........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Late production of document - Provision of O.7.R.14(3) is directory and not mandatory...........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Late production of documents - O.7.R.14(3) CPC places a procedural embargo on reception in evidence of documents which were required to be produced or listed at the time of presentation of plaint but were not so produced - However, provision itself confers discretion upon Court to grant leave for production of documents at..........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Late production of documents - Where Court is satisfied about bona fides of a party and adequate opportunity is afforded to opposite side, production of documents at a later stage does not vitiate the proceedings...........
