Civil Procedure Code, 1908, Order 40, Rule 1 -- Appointment of receiver - Partition suit - Prima facie an opinion has been formed by Courts below about property being joint in absence of any tangible evidence at that stage to the contrary and based thereon an order allowing application for appointment of receiver - Orders have been passed to protect the property and..........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Additional issues - Once the party, who is alive to the situation, had already led evidence, the trial Court can always render adjudication on the controversy involved on the preponderance of evidence already brought on record in the absence of the issue...........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Will produced for the first time in defendant's evidence - Plaintiff did not get any chance to lead evidence on issues - Had the original Will been produced along with list of documents filed with written statement, plaintiff would have led evidence on all the issues including the one, onus of which was..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Unless strong reasons are pleaded and Court is satisfied with such reasons, it is not desirable to re-open evidence, merely on the parties making such requests...........
Civil Procedure Code, 1908, Order 41, Rule 27(aa) -- Additional evidence at appellate stage - Application U.O.41.R.27 CPC is to be considered at the time of final hearing of appeal - Court at the stage of commencement of appeal, without hearing both the parties cannot conclude whether additional evidence is required to enable Court to pronounce judgment - Impugned order of..........
Civil Procedure Code, 1908, Order 18, Rule 4, 19 -- Recording of evidence - Plaintiff aged more than 80 years is an illiterate lady, executed a general power of attorney in favour of one person - She wanted to examine said power of attorney holder in support of her case - Defendant opposed said prayer before trial Court, which was upheld by trial Court and affirmed by High..........
Civil Procedure Code, 1908, Section 100, 99 -- Second appeal - Suit for specific performance - Concurrent findings of both the Courts below regarding no, execution of agreement of sale, which was basis of suit is on record - Substantial question of law whether said agreement is admissible or inadmissible in evidence becomes irrelevant and will not affect the merits and..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint at appellate stage - Permissibility - Proposed amendment may affect the party and will also take away effect of judgments and decree - There is also possibility of rehearing of suit inviting additional written statement as well as evidence from both sides - More so, there is no satisfaction of ingredient..........
Civil Procedure Code, 1908, Order 20, Rule 12 -- Mesne profits - In calculating mesne profits/damages which are payable some amount of honest guess work is always required because evidence led by parties even if accepted will only show rate of rent for similar type of premises...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration of title, partition and separate possession - Suit property is ancestral property in which plaintiff is claiming half share - Defendant prayed for rejection of plaint on the ground that plaint discloses no cause of action in favour of plaintiff, as plaintiff is not son of ancestor,..........
