Civil Procedure Code, 1908, Order 41, Rule 27, 23, 23A -- Remand of case while allowing production of additional evidence - District Court in its discretionary power was justified in giving opportunity to defendant to adduce additional evidence in peculiar facts and circumstances of case, particularly when he has no fault on his part - High Court committed error in setting..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Suit for rendition of accounts - Report - Objection was raised that slips produced by plaintiff were inadmissible in evidence - Once slips is proved to be in handwriting of Accountant, slips cannot be held to be inadmissible in evidence...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Application for amendment has been filed after commencement of trial and after respondent/plaintiff had concluded his evidence and case is pending for recording evidence of petitioner/defendant - No whisper as to why facts sought to be added by way of proposed amendment could not be pleaded in..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Closure of evidence of defendant - Where defendant failed to challenge order closing evidence, he cannot be permitted to lead additional evidence...........
Civil Procedure Code, 1908, Section 115 -- Revisional jurisdiction - High Court in its revisional jurisdiction to see only whether findings are illegal or perverse in the sense that a reasonably informed person will not enter such finding - High Court shall not exercise its power as appellate power to re-appreciate or reassess evidence for coming to different finding on..........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - Partition suit - Plaintiffs asserted that suit properties are joint family properties and not partitioned by metes and bound - Defendants on the other hand asserted that some of suit properties are their self acquired properties - In view of said categorical stand of defendants, they shall begin first - Only..........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - Suit for partition - Defendants claimed two items in suit properties as their self acquired properties - In such circumstances it is defendants who would begin first - Plaintiff shall be obliged to lead evidence in rebuttal only after defendants lead its evidence in proof of its case...........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Plaintiff can lead evidence in rebuttal only on those issues the onus of which onus was on defendant - Plaintiff cannot lead evidence in rebuttal on issues of which onus was on him...........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Disobedience of injunction order - Plaintiff has to establish beyond any shadow of doubt that defendants had committed disobedience or breach of order of injunction, as in such proceedings principles of criminal law as to appreciation of evidence apply...........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Disobedience of injunction order - Appreciation of evidence - Different in a suit and application U.O.39.R.2-A CPC, as such, suit and such application has to be decided separately...........
