Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for recovery - Evidence produced on record by plaintiff, establish that goods were delivered to respondent - PW1 has given the names of individuals whose signatures appeared on these invoices to show that the goods were received - Defendant did not produce any individual to deny signatures over those invoices..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of witness - At the stage of arguments - Once it is established that two documents, filed by plaintiffs, viz. (a) certified copy of registered gift settlement deed, which is a public document (b) F.L.R. copy of survey obtained under R.T.I. Act, were not available at time of filling of suit and commencement of evidence..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Re-appreciation of evidence is not permitted in second appeal, even though first appellate Court has wrongly appreciated evidence - But, re-appreciation of evidence is permitted only when findings of trial Court and first Appellate Court are perverse...........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Filing of documents after closure of evidence - Court cannot grant leave to file documents at a belated stage for mere asking - Plaintiff who seeks to file documents at such stage, has to satisfy two conditions namely; (a) documents are necessary for deciding the real controversy in suit (b) existence of sufficient cause for..........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Filing of documents after closure of evidence - Diligence of plaintiff - Factum that proposed documents were not filed along with plaint despite their existence, shows plaintiffs were not diligent in filing relevant documents - More so, plaintiffs failed to explain relevancy of proposed documents in determining real..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for cancellation of sale deed - Amendment sought to incorporate relief of declaration of ownership/title - Trial has not yet commenced and suit is coming for adduction of evidence - Merely on the ground of delay or limitation amendment of plaint cannot be rejected - Moreover, to avoid multiplicity..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Two important ingredients are to be fulfilled in order to invoke O.41.R.27(1)(b) CPC namely, `requires' and `for any substantial justice' - Requirement thus, must be of Court and not of any party to suit - When Court opines that without additional evidence it cannot pronounce judgment..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - O.41.R.27 CPC cannot allow a litigant who had been unsuccessful in lower Court to patch up weak parts of his case and fill up omission in appeal...........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 27 -- Additional evidence at appellate stage - Documents sought to be produced by defendants are plaint and order sheet of earlier suit - Said documents were well within knowledge of defendants but they did not bring the same on record by way of evidence at trial stage - Requisite condition as mentioned in O.41.R.27..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Will - Second attesting witness of Will is sought to be produced by way of additional evidence by plaintiff - One of attesting witnesses already examined and plaintiffs never made any attempt to examine second attesting witness, during course of trial which remained pending for almost..........
